Goods, Consumers and Remedy – Who Is Protected?

The Australian Consumer Law (ACL) offers protections to consumers. The main protections relate to:

• faulty or unsafe products and services; and
• unfair treatment from businesses

What are faulty or unsafe goods?

The definition of what can be faulty goods is quite broad, however, in general faulty goods are those that fail to meet the industry’s acceptable standard in relation to its expected use, working condition and safety. In a nutshell, the goods are not what you asked for. 

Your rights when you purchase goods or services?

• The goods you purchase, among other things, must match descriptions made by the salesperson or advertiser on packaging and labels and in advertising.
• The goods you purchase must also be fit for the purpose the salesperson told you it would be fit for and for any purpose you made known to the salesperson prior to purchasing it.
• The goods you purchase must also have spare parts and repair facilities available for a reasonable time after purchase unless the salesperson told you otherwise.
• Further, you must not receive unfair treatment from businesses you deal with.
• It is not important whether you purchased your goods or services online or in-store.  However, the goods or services that come under the jurisdiction of ACL protections must have been purchased anywhere in Australia.
• The person who comes under ACL protection needs not be a citizen of Australia to be entitled to ACL protection. If the person is the consumer who purchased the goods in Australia, the protection extends to him/her as well. (Note: The definition is not exhaustive).

What Remedy Do I have? 

The remedy for faulty goods or services whether it’s a mere refund, repair, or replacement must put you in the position you would have been in had the goods or services done what the provisions of consumers guarantees asked the manufacturers/sellers to do. For instance, the goods must be safe, look acceptable, lasting with no faults, and do all the things someone would normally expect them to do. 

In addition, under the consumer guarantees, the person who purchases goods or services in Australia does have the right to repair, refund and replacement or cancel a service or in some cases ask for compensation for damages or loss.

Exceptions to Remedy  

There are some exceptions in relation to seeking a remedy or compensation when you purchase a goods or service. Here we name a few only:

• You changed your mind after the purchase without the goods having any fault. (Note: under certain purchasing transactions, there is a cooling-off period which allows a purchaser to contract out and cancel the service before the cooling-off period ends).
• Failed to clearly and sufficiently explain to the service provider the type of service you need.

Watch out for our Next Article to learn about what can amount to an unfair treatment from a business. 

For advice or assistance with all consumer rights matters contact the Consumer Law Team at Aylward Game Solicitors today on 1800 217 217

Article Source: Australian consumer law

Australia is Open! International Travellers Now Welcome

It’s a decision many of us have looked forward to for 2 years and the time has come for international travellers to australia to return.

This article aims to summarise the recent decision of the Australian Government to reopen its border to fully vaccinated visa holders from 21 February 2022. 

Who is covered under the new decision?

Tourists, business travelers, and other visitors. It is expected that the new decision will boost tourist visas and other offshore applications.

What prompted the new decision?

The Australian Government National Security Cabinet agreed that with improving health conditions including a recent 23 percent decline in hospitalization due to COVID-19, Australia is ready to further progress the staged reopening of its international border.

Why the return of tourists to Australia is so important?

The short answer is that in 2018-2019, tourism generated more than $60 billion for the Australian economy, with more than 660,000 jobs dependent on the tourism industry.

How does staged international border work for Australia?

According to Government data, since 1 November 2021 that Australia began its staged international border reopening, almost 580,000 arrivals came to Australia including those who reunited with their loved ones, or for work or study purposes. 

What other development is underway?

The Government continues to work with States and Territories on the safe resumption of the cruise industry and looks forward to further announcements in due course. 

 Learn More:

Further details about the above article can be accessed/viewed via the following links:

https://minister.homeaffairs.gov.au/KarenAndrews/Pages/reopening-to-tourists-and-other-international-travellers-to-secure-our-economic-recovery.aspx

https://www.pm.gov.au/media/reopening-tourists-and-other-international-travellers-secure-our-economic-recovery 

 For advice or assistance with all immigration matters and the latest update contact the Immigration Law Team at Aylward Game Solicitors today on 1800 217 217

Article Source: international travellers to australia

Been Scammed? What Is Unfair Treatment From A Business?

The Australian Consumer Law (ACL) offers protections to consumers against sales practices that are illegal for businesses to engage in when dealing with their customers. Here, we cite a few instances of unfair treatment:

What are unfair contract terms?

The fairness of any contract terms must be viewed objectively. It is said a contract can be seen as unfair if it falls within one of the following categories. Note that the list is not exhaustive, meaning it is not confined to the following only:

• The terms of the contract cause a significant imbalance between the rights and obligations of the business and the consumer
• Are the terms purported by the business necessary in order to protect the legitimate interest of the business?

Unconscionable conduct

Unconscionable conduct from a business occurs one when a business knowingly exploits the consumer’s disadvantage known to the business. The courts over the years have developed ways to examine whether a particular conduct in question is unconscionable. For instance, the courts are likely to look into:

• Parties bargaining power at the time of negotiating the contract terms
• Whether the stronger party used tactics such as undue influence, undue pressure to get the terms accepted by the consumer?
• Whether any one of the parties failed to act in good faith.

Accepting payment without intending to supply the goods or service

The law prohibits businesses from accepting payment without having any intention to supply the goods or service. The law also prohibits businesses to supply goods or service that are materially different than those requested by the consumer. Apart from the availability and suitability of the goods or service, the law further prohibits businesses to undertake a timeframe to deliver the goods or service while they know or should have known that the delivery is not possible with the promised timeframe.

Pyramid schemes

Under the ACL, it is illegal to participate in any pyramid schemes preferred by a business. Historically, the pyramid schemes work by asking new participants in the scheme to make payment, known as participant payment, in order to join the scheme. The new members then are promised payments for recruiting other new participants.  

For advice or assistance with all consumer rights matters contact the Consumer Law Team at Aylward Game Solicitors today on 1800 217 217

Article Source: Unfair Treatment

Family Law Christmas Tips

 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.

 

1. 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.
2. 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 217 217 for an obligation-free appointment to see where things stand for you.

Article Source: Christmas Tips

Top Tips On How To Survive Your Family At Christmas

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.

1. 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.
2. 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.
3. 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?
4. 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.
5. 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

Article Source: Family At Christmas 

Is Coercive Control Going To Become A Criminal Offence In Queensland?

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

Article Source: Coercive Control 

Best Immigration Lawyers In Brisbane | Aylward Game Solicitors

ONCE UPON A TIME IN AUSTRALIA

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 if but when do 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.

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VISA CATEGORIES

• Family & Partner Visas
• Working & Skilled Visas
• Bridging Visa BVB

FAMILY & PARTNER VISAS

• Prospective Marriage Visa (Subclass 300)
• Partner Provisional Visa (Subclasses 100 and 309)

PROSPECTIVE MARRIAGE VISA (SUBCLASS 300)

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.

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Contact us today at Aylward Game Solicitors for a 20 minute Immigration Law free case consultation.

WORKING & SKILLED VISAS

• Employer Nomination Scheme Visa (Subclass 186)
• 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.

 

Main Article: Immigration Australia