Author Archive | Equitas Lawyers

Options to Renew in Leases – Mark that Calendar!

Commercial leases and retail shop leases commonly contain options to renew.  However, many tenants and landlords are not 100% sure about how options to renew work.  In our experience, when it comes to options to renew, there are two common questions people have: If I have an option to renew in my lease, does the […]

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Changes to Ministerial Intervention Policy

Under migration legislation the Minister for the Department of Immigration and Border Protection (Minister) has powers to intervene in an applicant’s case that has been unsuccessful in the Administrative Appeal Tribunal, and to substitute that decision with a favourable one if the Minister feels it is in the public interest to do so.  In many […]

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457 nominations and Customer Service Manager positions

Under a Subclass 457 Temporary Work (Skilled) visa nomination application (457 Nomination), one of the multiple criterion for approval of a 457 Nomination is that the position nominated in the 457 Nomination is a genuine position within the nominator’s business. The Department of Immigration and Border Protection (DIBP) generally takes a sceptical view of any […]

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Dying Before Divorce – Divorce & Estate Planning

Separation from a partner where there are little to no chances of reconciling involves more than just family law – it has estate planning consequences too. While you might not feel the need to apply for a divorce for personal reasons (if your relationship is amicable or you don’t plan on getting married again), if […]

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Proposed changes to family sponsored visas that will impact sponsors

Under Australia’s current immigration system, sponsorship for family visas is assessed and combined with the applicant’s visa criteria which means there is no distinct mechanism for sponsorship assessment. The specific requirements pertaining to sponsorship varies depending on the type of family visa, however, for most visas, such as a partner visa, there are minimal checks […]

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Property purchase – can I call it off?

It is almost unheard of for residential land sale and purchase contracts in Western Australia to have a cooling-off period within which the contract can be cancelled by the buyer.  In Western Australia there is no statutory cooling-off period unless one is inserted into the contract before it is signed by the parties.  Similarly, real […]

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Unlawful non-citizen (and certain bridging visa holder) partner visa applicants – Recent case affects interpretation of partner visa criteria.

Criteria for a Temporary Partner visa (Subclass 820) application requires that the applicant must hold some kind of substantive visa at the time of the application, or they must satisfy the criteria referred to in Schedule 3 of the Migration Regulations (primarily, that the applicant has applied for a new substantive visa within 28 days […]

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Utilising 457 visas for self-sponsorship – Change of Policy

The Department of Immigration and Border Protection (Department) has recently made changes to its 457 (Temporary Work) visa policy (457 policy) that effectively means that self-sponsorship applications under the 457 temporary work visa program are likely to be refused on “genuineness” grounds by the Department. The Department’s 457 policy now states that “The [457] program […]

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Is your club, sporting or social group, charity or not for profit organisation, or similar, registered as an ‘Incorporated Association’?

The law in Western Australia applying to incorporated associations is likely to change on and from 1 July 2016. The Associations Incorporation Act 1987 (WA) will soon be replaced by the Associations Incorporations Act 2015 (WA) (New Act). The New Act represents a major overhaul of the law applying to Incorporated Associations in Western Australia […]

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