Whether it can be treated in the midst of COVID-19 recovery or post-COVID-19 recovery, Australia’s 2021- 2022 Federal budget Review includes a range of economic and social outcomes touching on the migration program in order to address skill shortages in the labour market and attract overseas businesses. This synopsis aims to highlight the latest government plans to boost various sectors connected to, or affected by, the migration program.
Highlight 1 – Migration Program Ceiling
The Ceiling will be maintained at 160,000 places. This includes 79,600 Skill and 77,300 Family stream places.
Highlight 2 – Incentives to hospitality and tourism sector
The Government will increase flexibility for student visa holders to work beyond the current 40 hours per fortnight limit in the hospitality and tourism sectors.
Highlight 3 – Incentives for Sponsored Parent (Temporary) visas
The Government will extend the validity period for Sponsored Parent (Temporary) visas by 18 months for individuals who are unable to use their visas due to COVID-19 travel restrictions.
Highlight 4 – Migrant Worker Protection
The Government will strengthen migrant worker protection in response to recommendations of the Report of the Migrant Workers’ Taskforce.
The Government will enhance migration litigation and merits review by funding additional finalizations in the Migration and Refugee Division of the Administrative Appeals Tribunal and providing an additional judge in the Federal Circuit Court in 2021-2022, and a second judge in 2022-2023.
Highlight 6- Australia’s Humanitarian Program
The Humanitarian Program for resettlement will have 13,750 places in 2021-2022 to maintain Australia’s long-term commitment to humanitarian resettlement.
Having considered the above, and as general guidelines only, we make the following observations about Parent visas—
Parent visas
Based on the Government’s announcement, Australia’s international border is likely to be closed until sometime in the middle of 2022. Considering the estimate provided for processing new eligible Contributory Parent visa applications (i.e. approximately 58 months), we recommend that such application be lodged now. You may contact us to see if you are eligible to apply for this visa category. When the border opens, you may then apply for a temporary 3 or 5-year temporary parent visa to remain onshore while the other application is processing.
Aylward Game Solicitors, Brisbane Lawyers, keeping you ahead of the Game with offices now in Brisbane, Gold Coast & Sunshine Coast.
We would be happy to assist you.
Source excluding the Parent visas observations: Funding a safer Australia to secure our future – Department of Home Affairs
We pride ourselves on our past work and consider ourselves the most proficient and best family lawyer in Brisbane and Australia.
We appreciate that your Brisbane Family Law matter may be of a sensitive nature and we encourage you to contact one of our specialists for a free and no obligation appointment to discuss your unique situation and legal options.
Do you want to know your rights and options in family and de-facto law matters?
We provide a completely confidential, no obligation, free 20-minute appointment to discuss your unique situation and legal options.
Call us now on (07) 3236 0001 or (1800) 217 217 and you can start to build some certainty and direction in this stressful and unsettling time.
Our Christmas Trading Period Hours: Normal hours until close December 23rd, 2020@ 5pm Resuming on January 4th, 2021 @ 8.30am
Collaborative Practice is a new approach to family law in Australia where each person appoints their own lawyer who is trained in this dispute resolution method.
Collaborative Law differs from mediation in that collaborative family lawyers advise and advocate for their respective party rather than acting as a neutral facilitator.
AYLWARD GAME SOLICITORS WISHES YOU AND YOUR FAMILY A SAFE AND ENJOYABLE HOLIDAY PERIOD.
Please note our trading hours are slightly affected, however, we will endevour to answer any contact emails sent over the period.
NOTE: The Magistrates Court and Children’s Court are also on hiatus during this holiday period.
We asked Abolfazl Moghadam who has worked on hundreds of legal matters relating to Graduate visas and immigration applications and is a fully accredited immigration agent. He is also responsible for all Common Questions About graduate visas & Immigration on behalf of Aylward Game Solicitors. Abolfazl quickly answered the top 6 questions our clients have asked over the past month but if you have any specific questions relating to your circumstances.
1.What do I do to qualify?
Basically, in order to qualify for this visa, the international applicant should have a recent qualification in a Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS), hold an eligible Australian visa, and be under 50 years of age. In addition, the applicant must have a qualification relevant to an occupation on the skilled occupation list and, among others, meet the Australian health and character requirements.
2.How long does it take?
The processing time for this visa is approximately 4-5 months. Once the visa is approved and depending on whether it is the Graduate Work stream or the Post-Study Work stream, it allows the applicant to stay in Australia for up to 18 months or between 2 and 4 years depending on the applicant’s qualification.
3.What are the benefits (of study in au?)
With this visa, the qualified applicant can live, study, and work in Australia temporarily. Pretty big benefit.
4.What traps to be aware of?
The applicant of this visa must have and maintain adequate health insurance for the whole of his/her stay in Australia. The applicant of this visa cannot be granted if he/she previously received a subclass 485 or a subclass 476 visa as a primary visa holder. You must find your own employment while on this visa.
5.What about my family?
If the applicant of this visa is approved, he/she can apply for family members to join him/her in Australia. The duration of their graduate visas and immigration will depend on the applicant’s circumstances.
6.When can I start the process?
Usually, the applicant of this has held a student visa within the past 6 months before lodging the application and holds either a substantive or Bridging Visa A, or Bridging Visa B. If the applicant’s student visa was canceled, but in the past 28 days the Tribunal has notified him/her of a decision to set aside and substitute the Minister’s decision not to revoke the cancellation, then the application for this visa can be processed.
His Honorable Justice Rangiah delivered this Judgment concerning an application for a declaration of Australian citizenship under s 4(1)(b) of the Australian Citizenship Act 2007 (Cth)–
The applicant was first issued with an Australian passport in 1979. Before that, his name was listed in his mother’s passport. The applicant has since been issued with at least four Australian passports. In 2016, when the applicant attempted to renew his passport, he was informed by the respondent’s Department that he was not in fact an Australian citizen. The applicant deposes that he had never taken any steps to apply for Australian citizenship as he believed that he was already an Australian citizen.
The applicant applied to the respondent for evidence of his Australian citizenship, but that was refused by a delegate on 24 September 2018. That applicant’s application for an internal review of that decision was rejected on 25 June 2019.
The core argument in this case as per Gibbs CJ in Pochi v Macphee [1982] HCA 60; (1982) 151 CLR 101 is that the acquisition of citizenship by an alien requires a formal action under the legislation. The Chief Justice held at 111:
It was well settled at common law that naturalization could only be achieved by Act of Parliament — even action by the Crown under the prerogative could not give an alien the status of a British subject: Blackstone, op. cit., p 374; Chitty, Prerogatives of the Crown, pp. 14–15; Holdsworth, History of English Law, vol. IX, p 76. The common law rules as to alienage were no doubt feudal in origin, but there is nothing antiquated in the notion that a person’s nationality is not changed by length of residence or by an intention permanently to remain in a country of which he is not a national. There are strong reasons why the acquisition by an alien of Australian citizenship should be marked by a formal act, and by an acknowledgment of allegiance to the sovereign of Australia. The Australian Citizenship Act validly so provides.
Justice Rangiah having considered all the evidence in delivering the judgment said—
I have found that at Independence Day, the applicant fell within s 65(4)(a) of the PNG Constitution as a person who had a right to permanent residence in Australia and that, therefore, s 65(1) did not apply to make him a citizen of PNG. Accordingly, reg 4 of the PNG Independence (Australian Citizenship) Regulations did not deprive him of Australian citizenship. The applicant remained an Australian citizen within the meaning of the Australian Citizenship Act 1948 (Cth).
The definition of “Australian citizen” in s 4(1)(b) of the Australian Citizenship Act 2007 (Cth) includes a person who was an Australian citizen under the Australian Citizenship Act 1948 (Cth) immediately before the commencement day and who had not ceased to be an Australian citizen under that Act. The respondent did not plead or submit that the applicant would not fall within that definition if it were determined that reg 4 of the PNG Independence (Australian Citizenship) Regulations did not apply to him. I find that the applicant is an “Australian citizen”.
I will make a declaration that the applicant is an “Australian citizen” within the meaning of s 4(1)(b) of the Australian Citizenship Act 2007 (Cth). 109 I will order that the respondent pay the applicant’s costs of the application.
Unfortunately not in family law. Superannuation is now an asset to be considered with all other assets when people separate. It forms part of the matrimonial pool of assets.
The Court has the power to divide the superannuation entitlements in a superannuation lawyers fund. If a splitting order is made a party will obtain an interest in the other party’s superannuation fund and that interest then becomes the owner of such party. The fund is split so that a party retains a certain part of the fund and the other party then is given their own interest in that fund. That interest can then be rolled out into a party’s own superannuation fund if such party wishes.
The splitting can occur by either:
1. An order being made by the Court
The parties agreeing to such splitting in consent orders
The parties agree to a splitting of a superannuation fund in a Financial Agreement
2. A party can only draw down on such superannuation funds upon their retirement or if they come within the provisions of hardship which allows payments out of superannuation funds.
How super works
Super is money for your retirement. The money stays in a super fund and is invested so it can earn interest and grow.
Your employer must pay 9.5% of what you earn into your super fund if you are:
paid more than $450 per month over 18 and work more than 30 hours a week Super funds may also provide you with insurance for a fee. This will help your family with some money if you pass away or are too sick to work.
Find out more about how super works.
Aylward Game Solicitors Brisbane are a modern and dynamic firm of Brisbane Solicitors and Brisbane Family Lawyers who are strongly committed to traditional professional values of the legal practice in Australia. The legal force Aylward Game Solicitors Brisbane, and their collective lawyers will harness nearly 80 cumulative years of experience
For detailed information, visit familylaw.aylwardgame.com.au or call 1800 217 217.
If the traditional approach to selling your property is not working for you or you are having difficulty obtaining bank finance to buy your home or investment property then we may have another way to assist your sale to happen oder your purchase to proceed, known as vendor finance.
Vendor finance, sometimes called seller vendor finance or owner vendor finance is nothing new and has in fact been around for many years, and is often used in one form or another in commercial transactions.
For a comprehensive overview of how to buy without banks, please download our free vendor finance ebook or make a booking to speak with a property law expert.
download the vendor finance ebook
About Vendor Finance
What is relatively new in Australia (from our experience at Aylward Game Solicitors over the last 10 plus years) is the application of vendor finance methods to buy and sell residential property. DOWNLOAD THE VENDOR FINANCE EBOOK HERE
Over that period the use of these methods has grown in popularity and is particularly popular now due to the current economic environment with a depressed property market and the extremely tight and inflexible credit policies of many banks and financial institutions.
If you are a seller and want relief from mortgage stress or a buyer wanting to leverage finance, permanent new home can be secured using this.
Mark Game has over 10 years of experience in preparing Installment Sales Contracts and Lease Options in relation to both residential and commercial property and vendor finance.
Ease Stress, Maximize Leverage
Vendor finance is ideal for someone trying to sell a property because it helps them deal with and ease the stress of mortgage payments. This can help them sell their property sooner rather than later and even get the price they have always wanted. Buyers are able to benefit a great deal from this as well.
Using the system, they are able to leverage their finances so then they have a higher chance of being able to find that property that they have always wanted.
It is also ideal for anyone who is having difficulty with their bank. Because the property market has been going through a period of depression, banks are tightening their credit policies further and further still. This means that people who are looking for help from their bank so they can buy or sell a residential property are being rejected.
It is now widely considered to be the solution to that problem, which is why it has become so popular over the last 10 years.
It could even hold the key to improving the residential property market in the future, and this method of finance could stick around even after the market has picked up such that people who are struggling are now able to get a helping hand when they need it most.
Vendor Finance Lawyers
Individuals and corporations that intend to start, sell or purchase a business have to deal with the different aspects of commercial business law.
When you start a new enterprise, it is an absolute necessity to obtain the correct advice early on to steer clear of any consequence that may cause you much expense or restrict the development and growth of your business venture. At Aylward Game Solicitors, you can obtain the appropriate assistance and advice you need to address these legal matters. From different large-scale enterprises to sole proprietors of small local businesses, Mark Gamehas the extensive knowledge and skills to assist clients in undertaking diversified businesses inside and outside of the state within trust, joint or corporate business structures.
That’s correct Vendor Finance Contract is NOT illegal. If you haven’t done so already, take a look at our previous article “What is Vendor Finance and Is It Worth It?”.
With obtaining finance from banks and other traditional lenders becoming increasingly more difficult to obtain, we are receiving a growing number of inquiries about vendor finance.
The most common comment clients make when enquiring about vendor finance is that they have spoken to their regular solicitor and they have said this type of transaction is illegal. This comment generally stems from a lack of knowledge and understanding of vendor finance and the fact that these types of transactions are not commonplace in Queensland. However, these types of transactions are in fact legal, and here at Aylward Game Solicitors we have been successfully drafting and producing vendor finance contracts for Buyers and Sellers for more than 20 years.
What is Vendor Finance?
Vendor finance is a form of lending in which a company lends money to be used by the borrower to buy the vendor’s products or property. Vendor finance is usually in the form of deferred loans from, or shares subscribed by, the vendor. The vendor often takes shares in the borrowing company. This category of finance is generally used where the vendor’s expectation of the value of the business is higher than that of the borrower’s bankers, and usually at a higher interest rate than would be offered elsewhere.
Vendor Finance contract Bridges The Valuation Gap:
Vendor finance bridges the valuation gap due to the time value of money. If the buyer of a business doesn’t have to repay the vendor for the vendor loan for a few years, then the value of that portion of the purchase price is worthless. In some cases, there is an interest charge on a vendor loan, but in other cases, it is simply a deferred payment. Vendor finance is different from an Earnout because it is not contingent on performance. Since there is no contingency, vendor finance is riskier for the buyer than an earn-out.
Vendor finance can also be used when the buyer does not have the funds to purchase the entire business. In this case, the vendor creates a loan with an interest charge to help the buyer complete the purchase and help the seller complete the sale, usually on better terms for the seller.
Getting a divorce is tough enough in so many ways, but it’s made infinitely harder when children are involved.
How do you announce to the kids that Mum and Dad are splitting up?
No matter what age the children are, there’s no easy way of telling the children, but here are a few tips to make the process a little easier.
#1 – Do It Together
In some circumstances maybe this isn’t a likely possibility, but making the announcement with both parents present at least helps relieve some confusion and doubt. The difficult part is being able to break the news without bickering with each other in the process if getting a divorce is less than amicable.
#2 – Choose the Right Time
You want to pick a time when everyone is present. It can be hard enough explaining this once, let alone multiple times over. You also want to make sure it’s a time when both you and your ex-partner are calm and as relaxed as possible. After all, you want to keep this as stress-free for the kids as can make it.
#3 – Plan What You’ll Say In Advance
While neither of you wants to sound like you’re reading from a script, having it clear in your mind beforehand about what you want to say, and how you’ll present it, will make the news that much easier to deliver in the best possible wording.
#4 – Be Open To Fielding Questions
The questions you’re likely to get will be varied depending on the ages of the children, but invariably you will get some, so be prepared with your answers. As it’ll take some time for the news to sink in, most questions are likely to happen over the coming days and weeks after you make the announcement. Always be open to answering them openly and honestly.
#5 – Don’t Blame Each Other
Rarely is it ever only one person at fault for a relationship breakdown, and it offers no positive value to the children at all for them to be subjected to hearing their beloved parents blaming each other for what went wrong. It’s best to keep stuff like that between yourselves and not subject the kids to it.
Property defines a legal relationship between a sure thing and a person, the owner. In contrast, possession or owner means the actual property control, who can deal directly with it. For example, a resident is regularly the rental property owner while the landlord remains the owner. In the Property law act 1974, the so-called presumption of ownership applies to movable objects. It is rebuttable, assuming that the owner of a thing is also its owner. Liability under s179 of the Property Law Act (Qld) is strict.
Property is protected by the constitution, together with the right of inheritance of the Basic Law. In principle, an owner has the right to deal with his property at will. However, the content and limitations of property are regulated in numerous laws. For example, a property owner cannot develop or convert his property at will. Instead, he must observe public building law with planning law and building regulations or, for example, monument protection. In animal law, the owner of an animal must have rules on animal welfare and the animal welfare law note. The owner must also respect the resident’s right of ownership of the rented apartment and so, bound by a rental agreement, cannot exercise his right of ownership without restrictions.
Property ownership can be owned by one owner alone or by several people jointly as joint ownership. The so-called collective right applies to joint ownership. There are also special features when it comes to homeownership. In an apartment owners association, there is ownership of the individual apartments according to a division plan. Also, there are regularly unique ownership relationships, such as personal property or joint property.
Property ownership is transferred to a new owner, for example, after a purchase or a gift. Ownership does not pass with the conclusion of a contract, such as a sales contract. The requirement for the so-called transfer of ownership is usually the agreement on the transfer of ownership between the old and the new owner and the handover of the thing. When buying land or a house, instead of handing over the property, it is entered in the land register. After the death of a person, inheritance law determines who, as the heir, becomes the new owner of the former property of the deceased, the so-called property.
Negotiating property contracts does not always go through the hands of a property lawyer. This work is usually carried out by property managers – from the point of view of the seller or lessor. But in large-scale operations, for builders or developers, it is or should be the norm. On the buyer or tenant side, this rarely happens. Individuals usually review their property contracts themselves. However, the legal profession has to be there if problems arise that are also considered severe. We talk about the claim about constructive defects or evictions. In these cases, the figure of the Queensland property lawyer can be crucial for a good outcome.
This branch of property law is aimed at the solemnity of operations. Those affected must know precisely the legal importance of a specific property agreement. One of the aspects that give meaning to the property law act is advertising: the Property Registry if we refer to the property’s purchase. In short, a property lawyer specializing in property law act must offer the best advice on registry issues.
The most “conventional” work of the property lawyer is to do complete diligence to check all the legal (and technical) aspects related to the property. Its registration situation, its charges, limitations, the construction status, the construction’s stability, the urban condition, etc. When the sale of a property is going to be carried out, the property lawyer must conduct his clients’ actions so that the acquisition is carried out with total legal certainty. However, in this sense, we can find situations that try to violate the law, either due to ignorance or to commit a crime. The role of the property lawyer must be a guide at all times so as not to violate the law.
Suppose you want to claim construction defects that violate the Technical Building Code. When this happens, it is usually problems that affect the habitability, security, or functionality of the home or premises. Many property lawyers will have lived, in these circumstances, and after communicating the complaint to those responsible.
In the lead of property, various situations may arise involving property lawyers Brisbane specialized in property law act QLD. Let’s look at a possible problem: income claims and other breaches derived from the lease. Or, a more particular case: when a home has several owners, some wanting to rent it and others not. It is not usually known that the lease is valid if you sign it, even if you are one of the co-owners. Even if it is not known that he is acting on behalf of the community, likewise, recalling the property law act here, any of the property owners can urge an eviction or terminate the lease.
And conclude this article, where we review the property lawyer’s work, we cannot forget property leasing. Within this property operation format, let’s stop at the curiosity of the capital gain in this kind of transaction. It should be remembered that the General Directorate of Taxes allows the buyer to claim if the bank affects the payment on him. However, the property leasing deed indicates that it will be the client who must assume this tax payment. These and other everyday matters of a real estate lawyer demonstrate the differential key that our work can suppose.
In the case of retention of title property, property law acts when the buyer of an item only becomes the owner when he has paid the purchase price in full. Until then, he only has a so-called expectant right. As a result, the seller must transfer ownership of the purchased item after the purchase price has been paid in full. The expectancy, as a so-called “identical minus,” is less than the property itself, but at least means that the seller can no longer withdraw from the contract without reason.
There are also various particular forms of retention of title. Extended reservation of title, vast reservation of title, or forwarded reservation of title often occur. It is regularly a matter of the buyer, for example, a small commercial trader, allowing to resell or transfer ownership of the goods purchased from his supplier under retention of title, even though he is not yet the owner. From the purchase prices paid to him, the dealer then regularly pays his supplier’s statements.
When selling or buying property, litigation, and litigation can arise. If necessary, it is recommended to use the services of a property lawyer. This property lawyers Gold Coast may be called upon for advice or as a defense lawyer in the event of legal recourse. The defendant may choose it. The fees of this lawyer are fixed with the client and depend on the difficulty of the case. They are determined in a lawyer’s fee agreement signed by both parties.
Property Law Act Qld
As its name suggests, the property lawyer is a specialist in the property law act. This lawyer must have a perfect mastery of the Construction and Housing Code. It is possible to find this lawyer online or with justice institutions. Like lawyers in foreigners’ law, lawyers in family law, or lawyers in labor law, this professional is established in different Brisbane areas.
The lawyer specializing in the property must master the elements of private and public property law and the property law act, and the Town Planning Code. Moreover, property law is a branch of law that deals with the sector relating to the property.
The property lawyer is a professional who settles cases related to property. His intervention is essential when his client’s rights are threatened or faced with a tricky situation.
A property lawyer is often used in the event of a property dispute, particularly in the division of an inheritance. The field of intervention of this lawyer is not limited to conflict resolution but can extend to various areas related to property law.
The best property lawyer can, in some instances, play the role of mediator so that the parties in conflict resolve the case amicably and avoid legal recourse.
Here at Aylward Game Solicitors out the team is ready to assist you with any property law or legal situations on 1800 217 217.
Frequently Ask Questions:
What is property law?
The lawyer specializing in the property must master the elements of private and public real estate law and the Civil Code and the Town Planning Code.
What is a property lawyer?
The property lawyer is a professional who settles cases related to property. His intervention is essential when his client’s rights are threatened or when he is faced with a complicated situation. As its name suggests, the property lawyer is a specialist in property law. This lawyer must have a perfect mastery of the Construction and Housing Code.
When to call a property lawyer?
It is possible and even recommended to use a property lawyer in several situations relating to the use of a property.
What are the missions of a lawyer in property law?
The property lawyer has several missions: a role of assistance and advice, a role in drafting acts, and a role of representing his client’s interests before the judge in the event of legal proceedings.
What are the average fees for a property lawyer?
No regulation or scale fixing the number of a lawyer’s fees in property law.
It can be an emotional and overwhelming time when someone close to you dies. To make matters more difficult, there can also be a substantial number of practical tasks that need to be attended to, and some of those tasks need to be attended to straight away.Are you entitled to anything if they don’t? Ian Field is Queensland Will and estate lawyer?Ian Field is Queensland Will and estate lawyer who specializes in contested Queensland Wills and estates legal matters as well as represents Executors during Deceased Estate administrations that do not involve any form of contest or litigation.
Aylward Game Solicitors has supported many people through this challenging process and we have provided some information below to assist you should someone close to you pass away.
The person legally responsible for the burial and funeral arrangements is the executor of the deceased person’s estate. This does not mean that they are the only person who will arrange the funeral, sometimes other family members or friends assist with this process even if they aren’t the executor.
The funeral director will collect all relevant information from the people arranging the funeral. This includes the full name of the deceased, the full name of family members, and their addresses. It is important that the information and spelling are correct as this information is provided to the Department of Births Deaths & Marriages in order for them to provide a Death Certificate. Should inaccurate information be provided, it will be reflected on the Death Certificate. Additional fees will apply to make amendments to the Death Certificate.
The funeral is usually paid for from the deceased person’s estate. This is based on the deceased person’s circumstances at the time of their death (dependent on the assets they held at the time of their death). If the deceased person holds sufficient funds in their bank account, the funds required for the funeral are usually released (by the bank) without having to apply for probate.
The Queensland Wills
It is important to determine whether the deceased person had a will. If there was a will, you may need a grant of probate and if there is no will, you may need a grant of letters of administration. As a general rule, if the deceased person held real estate in their name or had significant money or shares, it is more likely that you will be required to apply for a grant of probate or grant of letters of administration.
Grant of Probate – A grant of probate is a document provided by the Supreme Court of Queensland recognizing that the will is legally valid and confirming the executor has the authority to deal with the estate in accordance with the will.
Grant of Letters of Administration – If the deceased person dies without a valid will, this means the person has died without appointing an executor. This is known as having died intestate. The next of kin, therefore, takes on the role of administering the deceased person’s estate. This cannot be done until they obtain a grant of letters of administration. The letters of administration are provided once the court has examined the relevant documents and is satisfied that the person named in the grant is authorized to administer the estate.
The Executor or Administrator
The executor or administrator will become responsible for the deceased’s assets and liabilities. You should ensure that insurance policies are continued over all property owned by the deceased (e.g real estate or motor vehicles).
The executor or administrator should also notify any creditors as soon as possible especially if there are potentially no funds available to make the relevant payments.
As you can see from this brief review, there are substantial practical steps that need to be taken when someone close to you dies. The process of getting a grant to administer an estate can be also complicated and time-consuming.
