The Australian Entrepreneur visa is a subclass of the Business Innovation and Investment (Provisional) visa (subclass 188), especially designed for entrepreneurs who have innovative ideas and start-up plans. The Federal Government has made changes to immigration laws to encourage the development of new ideas and innovative businesses, wherever sourced. The ticket is talent, a plan and financial backing.
The new visa allows entrepreneurs to come to Australia to develop and commercialise new ideas. Entrepreneurs can bring family members, and the provisional visa can lead to a permanent visa (subclass 888).
These are just the bare bones. The following are some of the more specific questions we hear from our clients about the Entrepreneur visa:
FAQ #1:  What are the eligibility requirements?
This is strictly a government-sponsored visa. In order to be eligible, you have to be invited to apply by the Minister for Immigration and Border Protection after having been nominated by a state or territory government or Australian agency.
You and your family must meet certain health and character requirements, validated by a police check and relevant health examinations. Importantly, you must conform to an Australian Values Statement.
In addition, you must be under the age of 55, unless this requirement has been waived, be competent in English and have the intention and a business plan that will enable you to continue this activity in Australia.
The commercial activity in which you propose to engage must be one that will lead to the commercialisation of an innovative product or service or that will develop an enterprise or business in Australia. It cannot be residential real estate, labour hire or the purchase of an existing enterprise or a franchise in Australia.
FAQ #2:  Are there specialised funding requirements?
Yes, and this is one of the greatest hurdles for applicants. You must have one or more legally enforceable agreements to receive the required funding from one of the following entities:
Commonwealth government agency;State or territory government;Publicly funded research organization;An investor who is registered as an Australian Venture Capital Limited Partnership or Early State Venture Capital Limited Partnership; orSpecified higher education provider.
Under the agreement, at least 10 per cent of the funding must be payable to the entrepreneurial entity within 12 months of the day the activity is undertaken in Australia. In addition, you must hold at least a 30 per cent interest in your entrepreneurial entity.
FAQ #3:  How do I apply for sponsorship in NSW?
To be eligible to submit an application, you must first submit an Expression of Interest (EOI) to the Department of Immigration and Border Protection and then receive an invitation. Accepted applicants must then apply within 60 days, meeting NSW and Department of Home Affairs visa criteria. These two things are of paramount importance.
Your detailed business plan must demonstrate a commitment to maintaining a relationship with NSW and that your business will lead to the development of an enterprise or the commercialisation of goods or services. It is prudent to have a fully developed business plan before beginning the application.
Second, you must be able to show that the net value of your business and personal assets is sufficient to support your settlement expenses in NSW. Prospective applicants are strongly advised to seek legal advice about both of these elements prior to applying.
FAQ #4:  Is the program expected to continue, as it is?
The application process is demanding, and the program has come under some criticism since its inception in 2016 because relatively few applicants have been accepted. This may simply be due to a lack of public information about the program.
Some states, like South Australia have experimented with limited pilot programs that have reduced the investment and language requirements. NSW has made efforts to expedite paperwork.  Since this is a government-sponsored visa program, it would not be unusual to see some changes in the requirements for specific states and territories, depending on local business circumstances.
If you have further questions about the Australian Entrepreneurship visa – whether it is appropriate for your circumstances and how to apply – the attorneys at Owen Hodge Lawyers would be happy to speak with you. Please call us at 1800 770 780 to schedule a consultation.
The post Frequently Asked Questions about the Australian Entrepreneur Visa appeared first on Owen Hodge Lawyers.

Who do I sue in a medical negligence claim?
The quick answer to that question would be everyone who had a plausible role in causing your injury – the doctor, the hospital, ambulance driver, pharmacist, medical equipment manufacturer, and so on.
But though a competent lawyer should certainly survey the wider universe of causation, suing everyone could cause a lot of wasted motion practice and a huge bill. Your medical negligence lawsuit should be carefully targeted to reflect the facts of what actually happened to you.
Understanding the legal framework of what happened to you requires exploring the situation in three ways. First of all, it is necessary to establish if you were the victim of negligence and not just bad luck. Secondly, as suggested above, it is necessary to determine who was negligent. Finally, whether you can succeed in your lawsuit will depend on the evidence you can marshal and the defences your opponent can offer.
What is medical negligence?
Not all bad medical results are the result of negligence. The classic elements of a negligence claim are:
Your doctor, hospital or other medical professional owed you a duty of care;Your treatment did not meet this standard in some way which caused a breach of that duty;You suffered pain, loss or injury in a foreseeable way; andYour injury or loss was a result of that breach.
This is trickier than it looks. A Good Samaritan who finds you bleeding in the street and applies a tourniquet in a way that fails to stop the bleeding may not have been negligent because he or she is not held to the same standard of care as a doctor treating you in the hospital. A doctor who gives you a mislabelled drug may not be at fault if he or she had no reason to know that the medication was mislabelled. If a patient being treated for a broken wrist suffers a stroke, no liability will attach unless some fault in the treatment of the wrist precipitated the stroke.
A special subcategory of negligence cases deals with the failure of a doctor, hospital or medical device manufacturer to warn patients of the risks inherent in a particular treatment. In these cases, the duty of care includes the duty to warn. A patient cannot give informed consent to treatment without an accurate understanding of risk.
Whose behaviour fell short of the standard of reasonable care?
In some medical negligence cases, everything seems to have gone wrong. The ambulance blew a tire, the hospital was understaffed, the doctor misdiagnosed a condition and the drug was mislabelled. In those situations, the classic advice of “sue everybody” may be appropriate. The recovery will likely be apportioned among all those found to be at fault.
However, in other cases, the question of vicarious liability can be dispositive. Vicarious liability arises when one party can be held liable for another’s negligence, merely as a consequence of a special relationship between the parties. Hospitals may be vicariously liable for the negligent actions of the doctors and other staff they employ. This is significant because hospitals are more likely to have the financial ability to pay large awards than individual doctors.
Evidence and defences
Every case depends on evidence, including the medical records that the plaintiff can present.  Medical negligence cases are unusual in that they also usually require the testimony of an expert about what a professional standard of care is in a particular situation. Doctors and hospitals do not guarantee good outcomes, so this can be the medical professional’s strongest defence.
Section 40 of The Civil Liability Act sets out what is commonly referred to as the “reasonable expert” standard. The standard is what could reasonably be expected of a person claiming to have a given skill. Practically speaking, this means that if a professional acts in a way that is widely accepted in Australia, then that professional appears as a competent individual and as such, the professional is not liable.
Medical negligence claims must also be brought within a relatively short period of time. In NSW, the limit is generally three years from the date of the injury, with certain exceptions. Many claims are lost because of the simple passage of too much time.
Do you have questions about your medical negligence claim? The attorneys at Owen Hodge Lawyers would like to help. Please call us to schedule a consultation at 1800 770 780.
The post Who do I sue in a medical negligence claim? appeared first on Owen Hodge Lawyers.

While it is customarily expected that those involved in a vehicle crash will stop and make sure everyone involved is okay, and that all pertinent information is exchanged, this does not always happen. There are many instances when a car accident occurs and one of the parties to the incident does not stop. Under these circumstances it is important that you take the proper steps to ensure that you will be able to make a valid claim to your medical carrier and/or vehicle insurance company.
Most importantly your first responsibility is in regard to your safety and well-being. Therefore, if you are able, move your car off of the main thoroughfare and check yourself for injuries. If you are injured, call 911 immediately and alert them to the need for medical assistance. Next, remain calm and await the emergency personnel’s arrival.  However, during this time, if you are able you should do the following;
Firstly, immediately write down as much information about the other vehicle as you can see, including:
Make and model of the carLicense plate number or parts of the numberDescription of the driver and/or passengers in the carColour of the carAny unusual markings on the carThe direction the car was coming from
Secondly, it is important to get information off of any witnesses to the incident, such as:
Their names and contact information; cell phone number, email, fax number, work numberA description of what they sawAsk them to text you any pictures or videos they might have taken of the accident
Lastly, make a note about the location of the accident, recording information like:
The street name where the accident occurredThe closest cross streetLandmarks within visual distanceSurrounding store frontsTime of dayDirection you were traveling
Once you have collated all of the above information, it is important to await the arrival of police officers who have been notified of the accident. Once the police arrive, it is important to;
Give the officers a copy of all of the information you have collectedBe cooperative in giving your own verbal statementIf asked, give a written statementTake a copy of the police report for future insurance or medical needsGive all of your contact information so that you can easily be reached by the Police DepartmentIf the police do not come to the scene of the accident, go to the police station within 24 hours of the incident and file a report
Once you have handled the immediate needs of the accident itself, you will need to tend to your own medical needs. If you believe you are injured, make an appointment with your general medical practitioner as soon as possible. Upon being examined, give all of the pertinent details mentioned above, as well as:
The nature of the accidentAny symptoms you are experiencing including sore body parts, headaches, body pain, vision or hearing issues, sleeplessness, dizziness, nausea etc.Any injuries including lacerations, black and blue marks, swollen body parts such an ankle or knee etc.Indicate if you were symptom and/or injury free prior to the accidentReport any over the counter medications you have used to reduce pain or inflammation subsequent to the accidentRequest a copy of the report and the doctor’s recommendations for your records
After receiving the necessary and appropriate medical attention, contact your insurance company. Most companies have a dedicated number for reporting car accidents. Before you make the call, be sure you have all of the necessary information and paperwork they might ask for including,
Car insurance policy numberVehicle identification numberPolice ReportMedical RecordsDetails about the accidentPhotographs and/or videos that you can email to themCurrent contact information, including your case number so that you can easily be reached if they have any questions
Be sure to ask the following questions so that you will know the perimeters of getting your vehicle serviced or fixed;
The amount of money that will be deductible and/or the type of collision coverage or uninsured motorist property damage coverage you haveThe authorised service shops that you can use for the particular repairs you need completedIf there is a limited time frame for the authorisation for vehicle repair to remain valid The effect of the accident on the cost of your insurance policy
It is truly unnerving to be the victim of a hit and run accident. However, if you are informed of what you can do to reduce your own liabilities and receive the medical care, insurance benefits, legal advice and protection you need to move through the process smoothly and efficiently, the incident does not have to cause you great angst.
If you find yourself in need of assistance with this, or any other legal issue, please contact the law offices of Owen Hodge Lawyers. At Owen Hodge, we are always happy to assist clients in understanding the full ramifications of any and all of your legal needs. Please feel free to call us at your earliest convenience to schedule a consultation at 1800 770 780.
The post What to do after a hit and run accident appeared first on Owen Hodge Lawyers.

“How to get skilled visa Australia” – it’s probably one of the most commonly Googled search terms over the past few years. Unfortunately, it doesn’t have a straightforward answer. Australian immigration laws and processes change over time, so if you asked “how to get skilled visa Australia” three or four years ago, the response would be a little different now. 
That said, the basic steps you need to take in order to determine eligibility and prepare your application for an Australian work visa are more or less the same. When it comes to migration law, it’s the detail that could take your application from the ‘consideration’ to the ‘approved’ pile. That’s why choosing an approved immigration lawyer to help you with your application, for the thousands of permanent residency (PR) hopefuls we advise every year, is money well spent.
We’ve broken down the complex process skilled workers must go through in order to apply for a skilled migrant visa. So if you’re considering visa subclasses 189, 190, or 489, this quick guide will get you on the pathway to successful application. To get started right away, check whether you could be eligible to apply: take our skilled visa points check.   

Types of skilled migrant visa
Visa subclass 189
This permanent residency (PR) visa allows workers with the
required skills to live and work anywhere in the country. You do not need to be
sponsored or nominated.
Visa subclass 190
This PR visa allows workers with the required skills to live and
work anywhere in the country.
Visa subclass 489
This is a temporary visa. It is for skilled workers who want to
live and work in regional Australia.
How to get skilled visa
Australia: 6 step process
1. Find out if you’re
eligible
Since March 2018, the 457 visa was replaced with the Temporary
Skills Shortage (TSS) visa. Applicants for a TSS visa must be under 45 years of
age, of good character (demonstrated via a police check) and in good health
(demonstrated via a medical examination).
You must demonstrate proficiency in the English language and
sufficient skills and experience in the job category for which you are
applying. This will be established via a skills assessment.
Lastly, your job category must have been identified by the Australian
government as insufficiently resourced by Australian workers on either the Skilled Occupation List (SOL) (relevant to visa subclass 189 applicants) or the Consolidated
Sponsor Occupation List (CSOL) (for visa subclass 190 applicants). These lists
change frequently, so it’s important to check that you’re eligible before
applying.
2. Get some advice
One of the first things you need to know about how to get
skilled visa Australia, is that it can be a long and winding road with many
twists and turns, costs and potential disappointments.
To improve your chances of getting a positive result, and to
relieve some of the stress that comes with such a complex and life-changing
process, it’s a good idea to seek expert advice, either from an immigration
lawyer or general skilled migration agent.
Steps 3, 4 and 5 determine
the number of points your visa application is worth according to the skilled visa points test. If this number meets or
exceeds the minimum number of points you need to apply, you’re in a strong
position to get started.
3. Gather your
documentation
When applying for skilled migration Australian visas, lots of
documents are required to prove your eligibility. It’s worth bearing in mind
from the beginning of your visa application process that originals will need to
be reproduced in colour; black and white photocopies generally won’t be good
enough.
The sort of documentation you could be required to submit
includes:
Birth certificateBank statementsPassport and driving
licenseAcademic certificatesDetailed statements of
workEmployment contracts
4. Get your skills
assessed
To prove to the Australian government that you are a skilled worker, your skills will need to be assessed by the relevant assessing authority. The body conducting your skills assessment will vary depending on your nominated occupation. For example, IT professions are assessed by the Australian Computer Society, teachers by the Australian Institute for Teaching and School Leadership, and trades and other blue collar workers by the Trades Recognition Australia website.
A large number of professions are covered by the Vocational
Education and Training Assessment Services (VETASSESS), so it’s worth also
checking the VETASSESS website. 
Be aware that the applicant must pay the skills assessment fee,
which is approximately 650 AUD.
5. Take your English exam
Even if your home country is English speaking, like the UK or
Canada, you are required to take an English language test. There are two main
providers of this test, IELTS and PTE.
IELTS is the leading provider
of English language tests for migration, work and study purposes. PTE delivers a similar exam to IELTS but differs in one major
respect: it is marked by an algorithm, not a human examiner.
As with the skills assessment, you will have to pay for the
English language test. If you do not get the required score for your visa
application on the first attempt, you can rebook as many tests as they want –
as long as you’re prepared to pay the examination cost each time.
6. Submit your application
If you’ve successfully worked your way through the first five
steps, you now need to prepare and submit your application. If applying for the
190 sponsored visa, this will need to be approved by the nominating state or
territory government before you can submit at a federal level.
Don’t expect the visa application process to be a short one.
We’ve said it before: the Australian skilled migrant visa program is undeniably complex and it
can take a very long time to get a result. The specialist attorneys at Owen
Hodge Lawyers would be happy to help you with the process. Please call us to
schedule a consultation at 1 800 770 780.
Here at Owen Hodge Lawyers we are always striving to deliver the
immigration guidance you need. Read our FAQs about immigration law, find out more about the immigration process, and read the
latest news on the Owen Hodge Blog, including our recent post regarding changes
for 457 visa holders. For hopeful migrants interested in business
law services, our team is experienced
in a range of commercial matters and looks forward to assisting you
further.  
The post How To Get Skilled Visa Australia: Quick Guide appeared first on Owen Hodge Lawyers.

Sometimes the unwinding of a marriage or de facto relationship can actually be rather simple. If the relationship was brief, the parting was amicable and there were few assets, the parties may feel that they can settle their own affairs without the intervention or cost of a lawyer.
But there can be complications — one spouse may rethink the division of property and come back to negotiate a different deal. One may have been unduly influenced by the other and have agreed to an arrangement that is fundamentally unfair. Both of these situations work against the finality that is necessary for a fresh start, which is why it is necessary to go through the final steps to make it legal.
First of all, write down what you believe you have agreed to. While that document by itself is not enough to create a legally enforceable agreement, it is an excellent start. Then take your written recollections of the agreement to your lawyer. Voila – you have already made the process simpler and less expensive.
Property Settlement
Settling joint property can be difficult, however, the first thing you will need is a Consent Order.
Parties may apply to the Family Court for a Consent Order finalising their agreement about the division of property. Consent Orders are Court Orders entered into by mutual agreement and can relate to property and financial settlement, spousal maintenance and parenting matters. 
The application for an Order is quite detailed and is intended to provide the Court with the information necessary to determine whether the request is just and equitable. If the Court is not satisfied with the way that the proposed Order is drafted, it will be returned to the parties for changes. It is best to enlist the services of a Family Lawyer to draft the Consent Order, as it will prevent your proceedings from being delayed.  
Parenting Arrangements
There are two formal ways to arrange for the care and support of children. They are:
A parenting plan; orA Consent Order.
A parenting plan works best where parties are relatively friendly and not likely to breach the agreement. Parenting plans are flexible and can be changed at any time if agreed to by both parents. In the event of a breach, there is realistically not much the other party can do to enforce the agreement.
The process of applying for a Consent Order covering parenting arrangement is similar to that described above for a financial settlement.  A Court will approve an application for a Consent Order relating to children only if it is convinced that the proposed arrangement is in the best interests of the child. Because the final product is an Order, it may be more easily enforced in the event of a breach. A Consent Order may be set aside only in unusual circumstances, so it is not particularly flexible.
If you have questions about how to make your agreement before a divorce both legal and enforceable, call the Family Law department at Owen Hodge Lawyers at 1800 770 780 to schedule a consultation. We look forward to working with you.
The post We’ve reached an agreement before the divorce – how do we make it legal? appeared first on Owen Hodge Lawyers.

For many years if a couple, of which only one person was an Australian citizen, wanted to live together in Australia, the couple had to file together for a Partner Visa. The focus of the application and the investigation was primarily on the non-citizen party.  But soon, that will change. If you are currently a couple in New South Wales Australia, with one person living in Australia on a Partner Visa, it is important that you review the new laws that will be enacted in June 2019. This is because while the new laws will apply to all first-time applicants, it is likely that current Partner Visa holders will be affected also.
In the past, you and your partner could apply for a Partner Visa together. The focus of the investigation and ensuing permission to remain in Australia was primarily on the person entering the country.  As a couple, a partner visa could be issued after the provision of the following information;
work history,travel history,police investigation,past residencies, andwitness statements,
Once this initial Visa was issued, you could apply for a Bridging Visa which would allow the non-citizen party to work, study and obtain medical care in Australia.
However, with the advent of the new law, known as the Migration Amendments, the process of obtaining a Partner Visa will now change. Instead of a single step process, there will now be two steps to securing the stay of your partner. The obtaining of a Partner Visa will now require;
The Australian citizen to make an application for sponsorshipApplication for the Partnership Visa
It is imperative to note that during the period of review of the sponsorship application, the couple cannot apply for a Partner Visa. Only after the sponsorship has been approved, is the couple then eligible to make an application for a Partner Visa.
The new first step which requires the approval of a sponsor partner will be within the purview of the Department of Home Affairs. At the moment it is unknown as to how long this investigation process will take. While the potential sponsor is being considered, the non-Australian partner must remain out of the country. If a couple is currently living together under a Partner Visa, and it is near to its expiration, it is uncertain as to whether a new sponsorship application and a new Partner Visa can be reviewed, completed, and issued before the non-citizen partner is required to leave the country. Hence, it is possible that if the new process is not completed in time, the non-Australian partner will have to leave the country and await approval for return.
The process will also affect the ability to obtain a Bridging Visa. The granting of this type of visa will also be dependent upon the submission and approval of partner sponsorship.
As an approved sponsor the Australian citizen will be subject to particular obligations and if such obligations are not met, they will be subject to penalties and fines. The reasoning behind the change in the process is to hold Australian citizens accountable for Partner Visas that support genuine relationships and reduce the chances of family violence. It has become a growing concern of the Australian government that the current process created an imbalance of personal power and, as such, the non-citizen partner was in a position of vulnerability which could lead to them being harmed or coerced as a result of wanting to stay in the country. It is hoped that the change in the process will increase the accountability and responsibility of those Australian citizens wishing to bring partners to live in Australia.
While the changes can stir anxiety amongst couples of mixed citizenship living in Australia on Partner Visas and Bridging Visas, the concerns and questions that are being generated can be answered by various professionals and the government agencies who will be implementing the changes in the law. It is highly recommended that all couples who are currently on Partner Visas, and those who will be applying for Visas in the future, seek counsel and advice from those who are knowledgeable and able to shepherd couples through the process successfully. 
If you find yourself in need of assistance with this or any other legal issue, please contact the law offices of Owen Hodge Lawyers. At Owen Hodge, we are always happy to assist clients in understanding the full ramifications of any and all of your legal needs. Please feel free to call us at your earliest convenience to schedule a consultation at 1800 770 780.
The post What are the changes to the Australian partner Visa? appeared first on Owen Hodge Lawyers.

Not everyone dies with a valid Will. Often, we think people put aside the idea of making these types of important decisions because they believe they have time to take care of it at a later date. Unfortunately, sometimes tragedy strikes suddenly, or sickness takes someone quickly, and a Will has not been entered into. Other times a drafted Will fails due to improper execution, assets that are not included, or a lack of mental capacity of the person entering into the Will. Under these circumstances, the estate of the deceased will be distributed according to the laws of intestacy.
When the laws of intestacy are used to distribute the assets of the deceased, the distribution must happen in a certain manner. First, the assets will be allocated to pay for;
Funeral ExpensesTaxesOutstanding Debts to lenders/creditorsAny Administrative or Legal Fees
Thereafter, the following people can inherit from the estate;
SpouseChildren and GrandchildrenParentsSiblingsGrandparentsAunts and UnclesCousinsThe State
It is important to note that when a person dies without a Will, any freedom of choice, or expectation of how their assets were intended to be distributed, will not be honoured by the court. Instead, the law will distribute the assets in the order presented above. Therefore, any special bequeaths you might have verbally spoken of or hoped to make to family, friends or charity, will not be distributed accordingly.
In the instance that a family member dies intestate, someone must take the responsibility of applying for Letters of Administration which will allow the court to proceed to distribute the estate of the deceased. Before applying for Letters of Administration, the family must be sure that no Will is available.
Subsequent to proving the lack of a valid Will, the following documents will need to be obtained and filed with the court;
An affidavit that there is no de facto spouseAn application for affidavit of administrator (these responsibilities are similar to those of an executor)An administration bond, if necessary
It is imperative that the person making the application complete all of the necessary steps of the investigation, information and notification before the estate is distributed by the court. This includes proof of the lack of a valid Will, list of living relatives of the deceased, list of all assets and debts of the deceased and publication of the death certificate in accordance with all rules and regulations.
Generally, if somebody dies and they are married, the spouse will receive the bulk of the estate. However, if there is another living spouse, children from a different relationship, or if the deceased owned a joint tenancy with someone, assets and real property may be distributed to these persons.
What if I’m in a de facto relationship?
If the deceased was in a de facto relationship, the distribution will be similar to having a spouse. First, the court must determine that an actual de facto relationship was in existence at the time of death. This is easily qualified if the deceased was either in a continuous relationship for 2 or more years or has children with their partner.
Under these circumstances the deceased’s estate will be distributed as follows;
If there are no children of the deceased, then to the de facto partner receives the whole of the estate                            If you and your partner had children together, then again, the entire estate is distributed to the de facto partnerIf your partner had children with another individual then, as their partner, you are entitled to;Your deceased partner’s personal effectsThe statutory legacy (which is distributed in accordance with the Succession Act)The balance of the estate distributed half to the de facto partner
Finally, if you are single and you die without a Will your parents will be the beneficiaries of your estate. If you have one deceased parent, then your estate will be divided between your living parent and your siblings. And if you have no living parents, then you siblings (including half-siblings) will inherit, equally.
If you die without a Will your assets will be taken care of by the intestacy laws. However, it is always a smarter choice to take the time to review your finances, including real and personal property, and draft and properly execute a Will. By doing so you secure that your wishes for the distribution of your assets are fully implemented in accordance with your choices.
If you find yourself in need of assistance with this, or any other legal issue, please contact the law offices of Owen Hodge Lawyers. At Owen Hodge, we are always happy to assist clients in understanding the full ramifications of any and all of your legal needs. Please feel free to call us at your earliest convenience to schedule a consultation at 1800 770 780.
The post What happens to your assets if you die without a Will? appeared first on Owen Hodge Lawyers.

New visa subclass 870 allows parents of Australian permanent residents or citizens to live in Australia for a continuous period of 3 or 5 years. After this 5 year period, there will be a single opportunity to renew the visa for a further 5 years.  The application process for sponsoring children opened in April 2019 and parents may lodge applications from the beginning of July.
However, while the uninterrupted period of the visit is longer than previously permitted, the visa is more restrictive in other ways.
Basic outline
The cost per person of this new parent visa is $5,000 for a 3 year visa, $10,000 for the 5 year visa and a further $10,000 for the 5 year extension.
There will be 15,000 places available each year under this visa category. When the cap is reached, no further subclass 870 visas will be granted until the next year beginning on 1 July. The waiting time is generally shorter than that for the existing subclasses of parent visas. Furthermore, parents do not have to meet the traditional balance of family test in order to be eligible.
This is a temporary visa. It does not lead toward permanent residency; it carries no work privileges, and it may be renewed only once. At the end of the 5 year extension, the sponsored parent must depart from Australia unless eligible for another kind of visa.
Sponsorship requirements
The two-step application process begins with the child’s application to be a sponsor. Sponsors must be Australian citizens, permanent residents or eligible New Zealand citizens who have been primarily a resident in Australia for a minimum of 4 years prior to lodgment of the sponsorship application. The sponsor must be the biological or adoptive child or the stepchild of the parent to be sponsored.
Furthermore, the sponsor must be prepared to act as the financial guarantor for the time their parents remain in Australia. In 2019, the minimum household income to meet this requirement is $83,454.80. The sponsoring child will be legally responsible for any debts to taxpayers as a result of any medical emergencies. They must also provide accommodation.
Children may sponsor only two parents per household at a time. The sponsorship application fee is an additional $420.
Parent requirements
Apart from the relationship requirement, parents must provide evidence that they have access to funds and that they have Australian health insurance. They must be outside Australia at the time they apply for the visa. The parent, like the sponsoring child, must also have no outstanding public health debt and generally provide evidence of good character, health and must pass police and national security clearances.
Other options
Parents may still be able to apply for permanent parent visas or visitor visas if those options would be more appropriate.  The most important step is to work with an expert immigration attorney, who can evaluate all available choices.
If you have questions about Australia’s new “parent visa,” the migration attorneys at Owen Hodge Lawyers would be happy to speak with you. Please call us at 1800 770 780 to schedule a consultation.
The post Australia’s new ‘parent visa’ and how migrants see it appeared first on Owen Hodge Lawyers.

London’s Grenfell Tower went up like a torch in June 2017. Seventy-six people were trapped and died and hundreds were displaced for months. All told, one hundred and fifty-one homes were destroyed.
So, when Sydney’s 36-storey high rise, Opal Towers, began to groan and crack on Christmas Eve in 2018, almost 3,000 residents evacuated in fear. Not a good place to sleep, let alone a terrible investment.
Owners who were able to return after the Christmas Eve incident were forced to evacuate again only several days later.
Subsequent investigation revealed a number of design and contract issues, including “lower strength concrete” and “under-designed critical support beams.” Significant work will be required to repair the damage and prevent further deterioration. Many of the apartments remain uninhabitable.
This is a tale that smart property investors should take to heart. It is clearly in everyone’s interest to improve compliance with construction codes and to decrease the dangers of defective design and construction. The disputes arise when it comes to assigning specific responsibility for compliance and defining where liability should rest.
There are several steps property purchasers can take to protect themselves.
Basic precautions
At a bare minimum, buyers should insist on an inspection of the apartment and common areas by a building consultant prior to settlement. Completion of the sale should be conditioned on the satisfactory outcome of that inspection. In addition, purchasers should ask the developer and builder for copies of the council-approved plans, as-built plans and building certifiers’ inspection reports.
Contract protections
If you are buying off the plan, your contract should:
describe the building to be constructed and the materials to be used as specifically as possible;require the developer to provide copies of certificates of currency of the professional indemnity insurance carried by the design consultants on the exchange of contracts and before completion;name and describe the qualifications of the certifier who will provide the occupation certificate; andrequire the developer to provide the certifier’s statement and copies of all underlying compliance certificates on which the occupation certificate is based.
If nothing else, these steps may simply be a proactive preparation for a lawsuit and may put the developer on notice that you are a consumer to be reckoned with.
Legislative protections
Ultimately, effective reforms in the building construction industry will likely require legislation at both Federal and State levels. Among the options being explored are:
moves to strengthen the independence and raise the standards of private certifiers;requiring building plans to comply with the Building Code of Australia;appointing a building commissioner responsible for enforcing new legislation by auditing practitioners and conducting random building inspections;amendment of the Home Building Act to increase the bond requirements for structural defects in residential properties; andpermitting unit owners in multi-storey buildings to band together to sue developers for neglecting a duty of care.
What protections do purchasers have when construction issues arise? What if a building becomes uninhabitable? These are important questions that a property investor, especially one buying off-the-plan, must ask.
If you are considering buying property either for investment or to make your home, the attorneys at Owen Hodge Lawyers would be happy to advise you. Please call us to schedule a consultation at 1800 770 780.
The post What protections do property purchasers have? appeared first on Owen Hodge Lawyers.

Medium density housing has always been reserved for lot sizes and neighbourhoods that have previously been zoned as such. As a result of the old regulations, certain homeowners with lot sizes or locations that did not meet the size requirements for duplex development or additional homesteads on a single lot were not allowed to increase their property value by increasing the living capacity on their residential lots. But all of that is about to change with the advent of new sizing dimensions for medium density housing development.
The change is not without naysayers. Those who are a vocal dissent believe that the change in housing density for these neighbourhoods will bring great complications including; traffic congestion, overpopulation of small neighbourhoods and the environmental strain such factors will cause to these areas. Yet, a majority of persons, particularly current homeowners, are excited about the changes and the impending benefits.
First, it is important to determine if your lot qualifies for the change of status. The following criteria must be met for your home to now qualify for dual occupancy.
Your addition, alteration or new build must be a complying development meeting the following characteristics;One or two story dual occupancy homes, manor homes or multi-dwelling houses (terraces)any attached development or detached development related to any building referred to in paragraph (a).Your lot must also fall within the following parameters;the lot must be in Zone RU5, Zone R1, Zone R2 or Zone R3,the lot must have lawful access to a public road at the completion of the development
While approval has been fast-tracked to allow for immediate new development, it is important to keep in mind some of the basics for attaining such approval. The following must be met;
The housing type you are wanting to convert to is already a part of your environment planThe plans meet the relevant design requirements as per the Low-Medium density design guideAt least one off-road parking space is provided per dwelling
Most importantly it is necessary to take into consideration the plethora of benefits this new law will give rise to. Some of those benefits include;
A new and refreshing look to older and less desirable neighbourhoods. The new Code is reader-friendly and provides many ideas for improved housing designsThe increased low-density housing will provide neighbourhoods with more affordable housingChanging the lots from single family dwellings to multi-family dwellings will increase diversity amongst neighboursThe housing supply will increase faster allowing for more families to settle into new neighbourhoods quickly and efficiently
All of these changes will bring benefits to a variety of family types including the newly married, families with young children, married persons who need less space due to children moving out of home and the elderly who can have the company of other families, while still maintaining their independence.
To proceed with changing your dwelling to one that accommodates low-medium density housing, there are some steps you must follow. These steps include the following;
The Code must apply to your proposalSecure a designer and/or architect to draw up a proposal for constructionComplete and submit your application for a Complying Development CertificateReview and implement any requirements for informing your neighbours of the plans you have to change the configuration of your lotObtain your approval and start building
The eventual advantages to changing your lot from a single family dwelling to a low-medium density dwelling can also have a significant impact on an owner’s personal finances. It is expected that the change will significantly increase the owner’s property value.  Also, the additional dwelling will allow for an increase in income via rental fees. Families can further consider living in one home and selling the second dwelling, thereby allowing them to put away a significant amount of money to pay off their own mortgage or fund a child’s education.
There are countless ways in which this change in the law can benefit current homeowners and give rise to a new population of homeowners. The increased use of land will allow for many more housing options to open up to those who might not otherwise be able to afford to own their home, thereby increasing the number of people who can care for and support all of the local neighbourhoods.
If you find yourself in need of assistance with this or any other legal issue, please contact the law offices of Owen Hodge Lawyers. At Owen Hodge, we are always happy to assist clients in understanding the full ramifications of any and all of your legal needs. Please feel free to call us at your earliest convenience to schedule a consultation at 1800 770 780.
The post The Rise of Medium Density Housing appeared first on Owen Hodge Lawyers.

Effective as at 1 July 2019, all standard conveyancing transactions in NSW must be effected electronically. The move away from paper has been under way for several years, and many smart property investors are already familiar with the Property Exchange Australia Limited (PEXA) online lodgement and financial settlement platform. Over all, the message for those who still have questions about the process is that PEXA is a safe, fast and cost-effective way for all parties involved in property transactions.
Here is a brief summary of what you need to know.
The Advantages of eConveyancing
The traditional method of conveyancing required a lot of paperwork, and wherever there is paper, there are errors. Avoiding errors takes cross-checking, which takes time, which costs money.  PEXA’s new online document checks reduce the risk of errors occurring and the cost and delay associated with the previous process.
As payments are processed digitally, financial transfers also occur at a faster rate. The process of lodging documents which register ownership of property is also far quicker and the SettleMe app allows buyers and sellers to track the process in real time.
Finally, there is no need for the cumbersome process of scheduling face-to-face meetings for document exchange and execution or for the transfer of cheques.
Five Steps
PEXA is a tool that comes into play after the details of a contract for the sale of a property have been negotiated. That negotiation still requires expert skill and advice. Inspections and other due diligence are still necessary. Thereafter, however, the process becomes more automated.
Step one in the process is for a buyer’s solicitor to set up a workspace which all interested parties can access. This is essentially a virtual office. By now, solicitors, conveyancers and financial institutions – any party with an interest in conveyancing transactions – will have subscribed to the PEXA platform.Then, documents memorialising the details of the deal are created and checked.At a predetermined time, PEXA will execute the transaction.Within minutes, PEXA will trigger the Reserve Bank of Australia to release funds. The transfer is virtually instantaneous.When settlement has occurred and the funds are disbursed, the deal is done.
Cybersecurity
Hacking is not a silly concern, as anyone with a credit card or bank account knows already. After a widely-reported incident in which a conveyancer’s email was compromised, PEXA bolstered its cybersecurity in three ways:
Creating new users in an “inactive” mode. Only PEXA can activate new users and will do so only after confirming the new user with their members; Adding timestamps to see when the PEXA workspace was last updated; andIntroducing an additional verification layer upon sign-in.
No system is flawless, but the process for electronic settlement and lodgement of real property transactions is a giant step forward for anyone buying or selling property.
Are you new to the requirements of the PEXA system? No worries. The attorneys at Owen Hodge Lawyers have the experience you need. Please call us at 1800 770 780 to schedule a consultation. We will be happy to guide you through the process.
The post PEXA mandates to be compulsory appeared first on Owen Hodge Lawyers.

A contract between parties is insurance that both parties understand the obligations and ramifications of the work or services they will be exchanging. However, there are times when parties may enter into an agreement, verbally or via email, in which one or both persons neglect to complete the contractual process via placing their signature on a written agreement. Under these circumstances, issues can arise if either, or both parties, find themselves dissatisfied with the manner in which the contract is being carried out. This type of discord can result in parties refusing to proceed with the agreed upon terms, including payment for services rendered.
Initially, it is important to understand the elements of a binding contract. Those elements are:

There must be an offer and acceptance of the terms of the agreement
The parties must exchange something of value, usually expressed in monetary terms
The parties must intend to be bound by the agreement they are entering into

The elements that are noticeably missing include that the agreement must be in writing and signed by both parties. As such, it is possible to enter into a legally binding oral agreement or an agreement that can be inferred or implied by the actions of those involved. However, the safest and surest way to secure the terms of any contract is via writing and the signatures of all parties involved.
But in the event that there is no writing that is signed by the parties, what can a party look to for enforcing an agreement that they believe is legally binding; this element is often referred to as a “meeting of the minds.”
Email Evidence – Did the parties exchange emails to the extent that it is reasonable to believe that all of the recipients of the emails understood they were agreeing to specific terms? The evidence would need to include information as to how the contract would be performed and the exchange of consideration between the parties.
Performance Evidence – Despite the lack of a written signed agreement did the parties begin to perform in a manner that would lead the court to believe that everyone understood their particular roles and responsibilities? For example, if Sam agreed to buy 1500 widgets and to proffer a deposit for the same, did Sam give over the deposit to the supplier? And, did the supplier accept Sam’s form of payment?
The Certainty of Expectations – Did the parties show a certain and expected understanding of the contracted terms? For example, John wanted his garage door painted. Joe went and bought the paint and painted half of the door. There would be little or no reason for Joe to invest in paint and time toward completing the job if John had not actually hired him to do so.
Negotiation of Terms – Is there evidence that the parties spoke with one another, including possible witnesses to the exchange, that reveal the parties intended to enter into a binding agreement?
While it is possible to enforce an unsigned contract, the best possible option is to avoid any misunderstanding by carefully protecting yourself when you are in the process of negotiating for services or goods. Some of the ways in which you can ensure your interests are fully protected include;

Any document drafted and passed between parties should indicate that the draft writing is not the final and enforceable document
Clearly state to the other party that the agreement will not be binding until it is signed by all parties involved
Do not begin the agreed upon act until you have a fully signed and enforceable agreement
If any party begins any contractual action prior to signing the written agreement, notify the party immediately both verbally and in writing to cease all performance until there is an agreement signed by all parties involved

It is understandable that agreements between frequent business associates or friends may happen with fewer formalities and greater spontaneity, however, it is always risky to allow this to take place in the absence of a formal enforceable legal writing signed by all parties. And, while the risk is apparent to the business relationship, there is also a risk to the personal friendships that may have been developed over years of honest hard work together. Therefore, for the sake of preserving all of your business and personal friendships, it is always best to sit down and carefully outline and agree to the terms and conditions of any exchange that will involve the use of another’s services or the purchase of goods.
If you find yourself in need of assistance with this or any other legal issue, please contact the law offices of Owen Hodge Lawyers. At Owen Hodge, we are always happy to assist clients in understanding the full ramifications of any and all of your legal needs. Please feel free to call us at your earliest convenience to schedule a consultation at 1800 770 780.
The post Can I enforce an unsigned contract? appeared first on Owen Hodge Lawyers.

There is nothing more exciting and more anxiety provoking than starting your own retail business. For those whose dream it is to have their own small business, renting a space is the place to begin. But what happens when your retail tenancy bumps up against lease and landlord issues? There are avenues available to settle these minor differences before embarking on a long and expensive court experience.
Initially, it is important to know that a retail lease is covered by the Retail Lease Act 1994, specifically section 31. A disputed retail lease is covered in section 68 of the Act which states;
68 Disputes and other matters must be submitted to mediation before proceedings can be taken;
(1) A retail tenancy dispute or other dispute or matter referred to in section 65 (1) (a1) may not be the subject of proceedings before any court unless and until the Registrar has certified in writing that mediation under this Part has failed to resolve the dispute or matter or the court is otherwise satisfied that mediation under this Part is unlikely to resolve the dispute or matter.
(2) The Registrar must certify that mediation under this Part has failed to resolve a retail tenancy dispute or other dispute or matter referred to in section 65 (1) (a1) if the Registrar is satisfied that any one or more of the parties to the dispute or matter has refused to take part in or has withdrawn from mediation of the dispute or matter.
(3) This section does not apply to proceedings before a court for an order in the nature of an injunction.
(4) This section does not operate to affect the validity of any decision made by a court.
And while this information may seem overwhelming, in its simplest form it means that if you have a retail dispute, mediation is the best first option for settling the issues between the tenant and the landlord. However, it must be noted that mediation is not mandatory. Instead, if the court determines that mediation is unlikely to solve the issues, leave can be granted to file directly with the court.  
This has been further reinforced in the Fordham Laboratories Pty Limited v Sor & Anor [2011] NSWSC 706 (8 July 2011), the Supreme Court of NSW said that the requirement to mediate is not a condition precedent to the commencement or continuation of proceedings, but that the court may not proceed to hear and determine the dispute unless satisfied that mediation under section 68 is unlikely to resolve the dispute.
Many people have a vague idea of what the mediation process entails. When choosing mediation as an avenue for dispute resolution here are some things it is good to understand;

Mediators are impartial to both parties
The cost is less than going to court
Time can be spent in more than one setting or meeting to produce a final compromise
Parties are motivated as mediation is voluntary
Certain outcomes can be achieved allowing the parties to have closure
The relationship between the parties can be better preserved allowing for the business relationship to continue

Deciding to use mediation as a means of compromise and settlement offers tremendous advantages some of which include;

Narrowing down the issues
Increasing the focus on what actually needs to be resolved
Honing in on the relevant facts
Bringing to light new information and perspectives
Cost savings for all parties involved
More creative solutions

Mediation also provides certain protections. It is confidential therefore no bad publicity can come from participating in mediation. Also, nothing in mediation can be used in a connected future court proceeding. The parties can feel free to openly and honestly express their conflicts and concerns and offer a variety of plausible solutions without concern for being held to those ideas presented in a future court proceeding.
In a perfect world, business would thrive and disputes would not arise. However, there are times when tenancy issues arise and cannot be solved by the parties alone. In those instances, an impartial third person, such as a mediator, can make a big difference in helping parties resolve their differences in a more expedient and cost-effective manner.
If you find yourself in need of assistance with this or any other legal issue, please contact the law offices of Owen Hodge Lawyers. At Owen Hodge, we are always happy to assist clients in understanding the full ramifications of any and all of your legal needs. Please feel free to call us at your earliest convenience to schedule a consultation at 1800 770 780.
The post Retail Tenancy Disputes and Mediation Options appeared first on Owen Hodge Lawyers.

Has the prospect of attending a family report interview sent you into a full-scale panic? Our first piece of advice– however counterintuitive – is don’t let it. No one is going to take your children from you. Under the Family Law Act 1975, they have the legal right to the opportunity for a relationship with you. They will be fine.
To help you out, though, it may help to understand what a family report interview is intended to accomplish, what you should and should not do, and what resources and support are available.
Why have you been called to a family report interview?
The underlying situation is likely that you and your partner have been unable to agree about arrangements for childcare and support.  Rather than acting arbitrarily, the Family Court of Australia or Federal Circuit Court of Australia has asked for an independent assessment of relevant issues and a recommendation about arrangements that will best meet the children future needs for care. The report will focus on the best interests of the children.
Your interview and an interview of their other parent, an interview with them apart from you, and similar conversations with other significant family members such as close grandparents or step-siblings will be part of the preparation of that report.
The interviews will be conducted by a trained family consultant, who is a qualified social worker or psychologist with skill and experience in working with families.
The report must be formally released by the Court before parties can receive it. It cannot be shown to anyone other than the parties to the court case and their lawyers. It cannot be shown to other people, such as other family members, without the Court giving permission. This is true even for people who may have been interviewed but are not a party to the case.
What should you expect on the day?
Interviews may be conducted in the Child Dispute Services Section of the Court or at other premises. The process will likely take about two hours or more, so if you are bringing the children, you should probably bring along snacks and age-appropriate diversions. Waiting is torture.
Depending on their age, the children will likely be interviewed separately from you and perhaps separately from one another in a non-threatening environment, such as a playroom for young children.
You will likely be asked about your relationship with the children and others and what you think would be best. The family consultant may also gather information about the issues in dispute, past and present parenting arrangements, the parenting capacity of each party and any risks to the children.
This is likely what other interviewees will be asked as well.
Do’s and Don’ts

First and foremost, don’t fail to show up. If there is a serious problem, you may be able to reschedule;
Don’t coach your children. Family consultants can spot this. You may, however, reassure them that this is not something to be afraid of;
Dress as if you were going to church or some other reasonably formal occasion;
Remember that the family consultant is not your friend, therapist or lawyer. The information you provide is not confidential;
The consultant is also not an adversary. They are simply there to help the Court come to a reasonably good arrangement for your children. Some families choose to hire a private professional to undertake a family assessment and provide the Court with a report. This, of course, sets up a slightly different relationship. Courts may choose whether or not to admit these reports as evidence;
If you have provided written affidavits in your case, it would be a very good idea to refresh your memory about what you have already said by reviewing them;
If you have any concerns about your safety, call the National Enquiry Centre before your appointment, so that provisions can be made to guarantee your safety. By law, people must inform a court if there is an existing or pending family violence order involving themselves or their children.

Can you bring a friend?
Yes, you may bring a friend for support while you wait. Neither your friend nor your attorney may be present during the interview, however.
What if you disagree with the recommendations?
The Family Report is only one source of evidence that the Court considers in making its decision. The appropriate place to challenge the report is in the Court itself.
This is likely a trying personal situation. Rest assured that you and your family will get through this. If you are facing a family report interview or other issues arising from a child care and support dispute, the attorneys at Owen Hodge Lawyers are here to help. Call us to schedule a consultation at 1800 770 780.
The post What happens during a family report interview? appeared first on Owen Hodge Lawyers.

The issue of lying on a curriculum vitae or giving false information via an employment reference has heightened the interests […]

The post Keeping It Truthful in Employment References appeared first on Owen Hodge Lawyers.

Elderly residents with dementia being overmedicated, mistreated and inappropriately restrained — Australians were horrified by reports of elder abuse at […]

The post Details on the National Commission into Elder Abuse appeared first on Owen Hodge Lawyers.

The stress of needing surgery or a permanent surgical implant is daunting enough, but to then find yourself with a […]

The post Help – I’ve Contracted an Infection from a Medical Instrument appeared first on Owen Hodge Lawyers.

For an employee who believes they have been unfairly dismissed, many factors come into play. Do they have a claim […]

The post Unfair Dismissal When Your Salary Exceeds the Cap appeared first on Owen Hodge Lawyers.

This mechanism is a fast-tracked way to wind up a company. It has been around for many years. In this […]

The post Statutory demands – what not to do appeared first on Owen Hodge Lawyers.

No, of course not. You also do not really need a parachute when jumping out of an aeroplane. The problem, […]

The post Do I really need legal advice when I’m selling my business? appeared first on Owen Hodge Lawyers.