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 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. DOWNLOAD E-BOOK VISA CATEGORIES FAMILY & PARTNER VISAS
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. GET E BOOK NOW BOOK AN APPOINTMENT NOW 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)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 STREAMThis 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 STREAMThis 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 What is Vendor Finance?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:
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:
Pros And Cons Of Vendor FinanceAre there other Names of Vendor Finance?The Name of the Vendor Finance varies on the Type of Agreement.
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:
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 are well aware of property law. We can tackle any kind of issue. So, just contact Aylward Game if you need any assistance regarding the property. Article Source: Vendor Finance 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 Law Team at Aylward Game Solicitors today at 1800 217 217 Article Source: New Requirement for Company Directors in Australia The Contract includes a number of technical and legal contracts terms that have been considered by the Courts and may be specific to Queensland conveyancing. Contracts can change the meaning of words and phrases from what they may ordinarily mean which can lead to misunderstanding, miscommunication, and loss. We, therefore, provide the below explanation. Please contact us if you are unsure of any of the Contract’s terms. Nature of ContractThe lot you intend to buy will not exist at the time that you enter into the Contract which makes this transaction different from the conveyance of an existing lot. You should be aware of the following:
Please read all of your legal Contracts.While it may be possible to seek to limit the risks associated with buying a lot “off the plan” by requesting amendments to the legal Contracts (assuming you have not yet entered into it), the Seller may be reluctant to make changes in the interests of maintaining a consistent approach with all buyers and to preserve flexibility to deal with issues arising during the development and construction of the project. Please also read our review of your Contract.Community titles schemeYou are buying a proposed lot in a Community Titles Scheme (“CTS”). A CTS contains individually owned lots and common property (for example driveways, pedestrian accessways, and landscaped areas) and is administered by a body corporate. The body corporate members are the owners of lots in the scheme. Each body corporate member has the right to participate in general meetings of the body corporate where major decisions affecting the scheme will be made. The day-to-day administration of the scheme is generally conducted by a committee. A scheme may be a basic scheme or it may be part of a layered arrangement. A basic scheme is one where land is subdivided into lots and common property to create a scheme with a single body corporate. A layered arrangement is a grouping of community titles schemes under a principal scheme. Both basic schemes and layered arrangements may be developed in stages. If there are stages of the development after your purchase, you may experience some disturbance as a result of further development works. Time is EssentialUnless we tell you otherwise, time is of the essence of the Contract. This is the term of a legal contracts that means you must perform your obligations strictly by 5.00 pm (or other time specified) on the due date. For example, you must be able to settle on the settlement date; otherwise, the Seller may either terminate or seek to enforce the Contract. In both cases, the Seller may claim compensation from you. DepositPayment of the deposit is a sign of your intention to proceed with the Contract. If the contract becomes unconditional and you later default then the Seller may be entitled to forfeit the deposit and sue you for damages. An “off-the-plan” contract may provide for a deposit of up to 20% of the purchase price to be paid without offending the law against penalties. This is different from the position that generally applies to the sale of existing lots where a deposit of more than 10% of the purchase price is likely to be considered a penalty and the Seller may be prevented from forfeiting the deposit. In addition, a deposit of 20% under an off-the-plan contract will not have the effect of making the Contract an installment contract. Please see paragraph Error! Reference source not found. for more information. The stakeholder (who must be a solicitor or real estate agent) holds the deposit in trust until completion, upon which it will be paid to the Seller (usually less the agent’s commission) unless there is a default or termination. If you were to terminate for valid reasons in accordance with the Contract, then the deposit would be repayable to you. If the deposit is not paid on time or you are otherwise in fundamental breach of the Contract the Seller may be entitled to terminate, forfeit the deposit and either sue you for damages or seek an order from the Court that you specifically perform the Contract or both. If the Seller is obliged to pay GST then GST will be payable on the forfeited deposit. Finance (if applicable)If the Contract is subject to finance, you must take all reasonable steps to obtain finance approval by the approval date. Please provide us with a copy of your letter from your financier confirming your finance approval or otherwise before we are expected to notify the Seller as to whether you have obtained finance or not. If you fail to take reasonable steps to obtain finance approval, you may be prevented from relying on the finance condition to terminate the Contract. The Seller may request evidence of your reasonable steps. Once the notice of finance approval is given to the Seller under the Contract, it cannot be withdrawn. However, most financial institutions will reserve the right to withdraw finance approval at any time prior to settlement for any number of reasons. It is important that you consider very carefully any conditions attaching to finance approval and your ability to satisfy all requirements (now and up to settlement) relevant to the advance of funds before instructing us to give any notice about finance under the Contract. We will need to notify the Seller as to whether you have approval on or before 5:00 pm on the finance date. If you do not obtain satisfactory finance approval from the financier specified in the Contract, you can instruct us to terminate the Contract or seek an extension of time for finance. Agreement from the Seller is required for any extension and your request may be declined. Alternatively, you may instruct us to give notice to the Seller waiving the benefit of the finance condition. This means you are bound to complete the Contract regardless of whether your financier approves finance or the finance terms are satisfactory. (This will not affect any other rights you may have to terminate the Contract.) If we do not notify the Seller in writing that finance is approved, waived, or not approved by the finance date then, the Contract continues and both you and the seller have a right to terminate the Contract. If you do not have sufficient funds to pay the balance purchase price (including any adjustments) at settlement the Seller may terminate the Contract or seek to have you specifically perform the Contract and in both instances can claim compensation from you. When advising us of the satisfaction or otherwise of this condition you should notify us in enough time so that we are able to prepare and give the requisite notice under the Contract in time to protect your interests. Settlement FundsIf you are not borrowing all of the funds required for settlement, you are responsible for providing the balance amount as cleared funds. You may be able to make arrangements to either:
You will need to liaise with your financier and with us to ensure that logistically all settlement funds and any other payments are available when required. This includes ensuring that any deposits to our trust account are cleared with sufficient time for us to draw cheques and are made available at the place nominated for settlement. If your financier is applying for a government grant on your behalf, you must find out whether the grant will be available for settlement. Please note that, if all the required cheques are not available at settlement in the correct amounts, payee names, and form of cheque then we may not be able to settle which may place you in breach of the Contract entitling the Seller to terminate, keep the deposit and sue you for compensation. Certificate of Classification (“CoC”)We recommend you instruct us to order a building search for a CoC. The issue of a CoC usually demonstrates that the local authority is of the view that the conditions of development approval have been satisfied. You must check the building classification of the unit to ensure that the CoC is of a classification that allows for your intended use. If an appropriate CoC has not been issued the Seller may not be entitled to call for settlement of the legal Contracts. Article Source: Legal Advice Brisbane Pre-settlement Inspection Unless we tell you otherwise, your Contract will entitle you to undertake a pre-settlement steps inspection of the Property. We suggest you make arrangements with the Seller to undertake that inspection. You may wish to engage a consultant to assist you to undertake the inspection and, among other things, check that the Property has been finished in accordance with the agreed specifications. Settlement Notice We will lodge a Form 23 Settlement Notice on the title before settlement. This helps protect your interest in the Property by preventing the registration of any conflicting interest (such as a mortgage or transfer to an unrelated third party, but not a caveat or a writ of execution) until the earlier of:
Title to the Property will be transferred to you after settlement when transfer documents are registered in the Land Titles Office. The transfer documents must be signed by the Seller and by you although we are able to sign the transfer documents on your behalf. The transfer documents will not be prepared until the title for the Property has been created. In off-the-plan transactions, it is common practice for the Seller’s lawyers to prepare the transfer documents (as a large number of them may need to be signed by their client at the same time). After settlement, we will lodge the transfer documents for registration unless you have a financier, in which case they will be responsible for lodging the transfer documents for registration. Registration of the transfer is critical to your ownership of the Property and you should follow up with your financier after settlement to ensure registration. If you require us to follow up with your financier, please let us know (but this will be an extra cost to you). Utility Services You will need to make your own arrangements for connecting electricity, gas, telephone, internet, pay-TV services, and other utility services from the proposed settlement Steps date. If a service provider will not arrange for connection from the settlement without authority or confirmation from the Seller please obtain this via the real estate law agent or from the Seller directly. It is beyond the scope of our retainer. For more information on your specific matter, please don’t hesitate to contact one of our experienced Brisbane, Gold Coast and Sunshine Coast Property lawyers at Aylward Game Solicitors. Article Source: Pre-Settlement Steps #SettlementSteps #PropertySettlement #Presettlement #AylwardgameSolicitors #PropertyLawyersbrisbane The field of Employment Law presents many challenges for employees and employers alike.
Our partners Ian Field and Mark Game can take care of those employment law issues for you, including contract and policy preparation and review, restraint of trade issues, confidentiality, redundancy/dismissal, and general employment law issues and disputes. Employment Law presents many challenges for employees and employers alike In the event of a dispute, if it’s not possible to negotiate an outcome, we can arrange representation for you in the appropriate court or tribunal, with the benefit of our Special Counsel, Guy Sara. LEGAL COMPLEXITIES FOR EMPLOYMENT Employment law is massively complex, and this applies to both the employer and the employees. For the employer, there is a need to know the rules governing the hiring, remuneration, and dismissal of employees. This knowledge is important as it helps a company protect itself in the face of the law whenever something out of the ordinary happens. For example, as an employer, you might find yourself facing controversy over the conduct of your business towards an employee. While at times mistakes happen due to ignorance and naivety, the law sees you as the person tasked with safeguarding the rights of those under you. As such, an employer will always have an obligation towards the employees. At times, it is important to understand the legal ramifications that govern every single act by a company or an employee. While the employer is always the boss, there is a need to draw a line between what is acceptable behavior and what is not. Employment law also exists to serve the employer from the employees. For example, as an employer, you may be challenged on the following: How are you protected from a member of staff who chooses to use company resources or information in a malicious nature? Are they immune from the law? What does employment law say about someone who fails to come to work for days on end without a leave of absence? As the employer, do you have the mandate to discipline that person? The Importance Of Understanding Agreements for employment law Laws governing the drafting, implementation, and cancellation of contracts have always been weighty. The average Joe does not understand the lingo that governs employment contracts. If you are an employee, you need to clearly understand the terms laid out in the agreement between you and your employer. The employer also needs to understand the strict conditions of a contract in order to avoid violations and charges. Generally, there is a lot of ground involved when covering employment law, which raises the need for an expert on legal matters every time an issue comes up. In the firm, we are fortunate to be able to rely on the experience and intellect of our two partners, Mark Game and Ian Field, when it comes to resolving issues relating to employment law. Article Source: Employment Law |