E-bulletins
Immigration Law Update
July 2010
The dynamic area of Immigration law is subject to constant change. Included in recent developments are the following:
1. Increase of the Temporary Skilled Migration Income Threshold
2. Living away from home allowance now clarified
3. Employer Nomination Changes to Occur
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Summary of Foreign Investment Review Board Policy Changes
June 2010
On 24 April, 2010 the Assistant Treasurer Senator Nick Sherry announced that Temporary Residents are now required to seek Foreign Investment Review Board ("FIRB") approval to acquire residential real estate in Australia. The announcement also foreshadowed tough new penalties for non compliance, including sanctions for purchasers, sellers and agents involved in breaches of the Act.
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Employment & Workplace Relations Law e-bulletin
May 2010
- Safe Working Environment
- Workplace Bullying
In Victoria, the principal duty imposed on employers under the Occupational Health and Safety Act 2004 (Vic) and the Occupational Health and Safety Regulations 2007 (Vic) is to, so far as reasonably practicable, provide and maintain for employees of the employer a working environment that is safe and without risks to health.
In discharging their principal duty towards employees, employers must be able to demonstrate that they have maintained the workplace in a safe manner; provided systems of work that are safe and without health risks; ensured the safe use, handiling, storage and transport of plant substances; and provided adequate facilities, information, instruction and training to enable employees to carry out tasks safely.
The obligations and duties of employers encompass the need to have effective systems in place to eliminate, and deal with, workplace bullying and violence.
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Migration Law e-bulletin
April 2010
- Amendments to various Parent Category Visas
From March 27 2010, the Migration Regulations 1994 ("The Regulations") have been amended to:
- allow certain applications for a Contributory Parent (Migrant)(Class CA) visa and a Contributory Aged Parent (Residence)(Class DG) visa to add their spouse, de facto or dependent child to their visa application after it is made but before it is decided:
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Migration Law e-bulletin
January 2010
Medical Treatment visas may be available if you want to come to Australia for medical treatment, or if you want to accompany someone travelling to Australia for medical treatment. You may also be granted a medical visa if you are coming to Australia to donate an organ for transplant.
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Migration Law e-bulletin
January 2010
Updated Priority Processing effective from 23 September 2009
The Minister has set priority processing arrangements which apply to the following visas from 23 September 2009:
- Employer Nomination Scheme (ENS)
- Regional Sponsored Migration Scheme (RSMS)
- General Skilled Migration (GSM) visas except for:
- Skilled - Recognised Graduate Subclass 476
- Skilled - Designated Area - Sponsored (Residence) Subclass 883
- Skilled - Regional Subclass 887
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Migration Law e-bulletin
January 2010
Up until 1 July 2009, same sex couples were recognised as being interdependent partners in interdependent relationships for migration purposes.
From 1 July 2009, same sex partners are recognised as being de facto partners for migration purposes.
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Migration Law e-bulletin
January 2010
- Contributory Parent Visa Changes
From 1 July 2009, the legislation changed to prevent persons who were granted a permanent Contributory Parent category visa from sponsoring their partner or fiance for a Partner or Prospective Marriage visa for five years from the day of their visa grant.
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Migration Law e-bulletin
November 2009
- Employer Nominated Migration
Under what is known as the Employer Nomination Scheme it is possible for Australian employers to recruit and nominate skilled people to fill positions that cannot be filled from the Australian labour market or through their own staff training. Visa applicants can either be in or outside Australia at the time of visa application.
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Business Law/Workplace Relations e-bulletin
October 2009
- Fair Work Act 2009. National Employment Standards. Unfair Dismissals.
The Fair Work Act 2009 has introduced major changes to Australian Workforce Laws. They are meant to provide a balance between the needs of Employers and Employees, and particularly to accommodate the needs of the Small Business Sector.
This article summarises the changes and discusses the impact they will have on both Employers and Employees.
To view the full article, click here
Migration Law e-bulletin
October 2009
- Significant Changes to Subclass 457 Visas
Sweeping reforms to the Migration Act and Regulations were introduced on 14 September 2009.
The changes are designed to strengthen the integrity of the Temporary Skilled Visa Program and to ensure that the working conditions of sponsored visa holders meet Australian standards.
To view the full article, click here
Migration Law e-bulletin
September 2009
- Market Rates for Temporary Skilled Overseas Workers
On 6 September 2009, the Minister for Immigration and Citizenship Senator Chris Evans, announced details of the requirement for Temporary Skilled Workers to be paid market salary rates.
The requirement will apply to all new Subclass 457 visa holders from 14 September 2009 except where annual earnings of $180,000 or more are proposed.
Under transitional arrangements, employers currently paying less than the market salary rate to Subclass 457 employees will have until 1 January 2010 to comply.
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Migration Law e-bulletin
August 2009
- Skills Assessments Introduced for Subclass 457 Visas
The Australian Government has announced a number of changes to the Subclass 457 Visa Program from 1 July 2009. Two of these changes apply to 457 visa applicants in trade occupation and chefs:
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increasing the existing minimum language requirement from 4.5 IELTS to 5 IELTS; and
-
progressively introducing formal skills assessment for 457 visa applicants from a number of countries in trade occupations and chefs.
To view the full article, click here
Migration Law e-bulletin
June 2009
- New Minimum Salary Level (MSL) requirements for 457 visa holders*
On 1 July 2009 the Minimum Salary Level (MSL) for all subclass 457 visa holders will increase by 4.1%. Employers who are found not to be paying the appropriate MSL properly will be in breach of their sponsorship obligations which can result in severe penalties. The penalties include cancellation of sponsorship approval, warning notices, suspension from accessing the 457 visa program or financial penalties.
To view the full article, click here
Migration Law e-bulletin
May 2009
- Employee Work Rights & the Employer Amendments (Employer Sanctions) Act 2007 (Cth)
Generally, only Australian citizens, Permanent Residents and New Zealand citizens (who have entered Australia on a valid passport) have unrestricted work rights in Australia. All other persons in Australia need to have visas which enable them to work lawfully.
To view the full article, click here
Migration Law e-bulletin
May 2009
- Visitors to Australia covered by Reciprocal Health Care Agreements(1)
Australia has Reciprocal Health Care Agreements with nine countries - Ireland, Italy, Finland, Malta, the Netherlands, New Zealand, Norway, Sweden and the United Kingdom. Under these Agreements, residents of those countries have restricted access to Medicare while visiting Australia.
To view the full article, click here
Business Law e-bulletin
March 2009
Farmers in the Ballarat and Western Districts are being approached by wind farm companies, seeking to place turbines on their land.
Unfortunately, in the excitement of additional income and chance to "drought proof" their land, many cockies simply sign on the dotted line. These are generally option deeds or agreements for lease which commit the landowner, but not the wind farm company.
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Property Law e-bulletin
March 2009
- Deposits on Purchase of Real Estate
An increasing issue confronting purchasers is a lack of understanding of their contractual obligations regarding the payment of the deposit and the possible consequences of a failure to meet those obligations.
To view the full article, click here
Migration Law e-bulletin
As a result of the rapid expansion in the use of the Subclass 457 Visa category, a number of problems which required Government attention have come to light.
Over time the range of occupations for which visas were sought had extended to lower skilled occupations with the result that a large number of workers coming into the country had low level English skills. Many of these workers are susceptible to opportunistic employers.
To view the full article, click here
Migration Law e-bulletin
February 2009
- Changes to Foreign Investment Rules
New Regulations are due to come into effect in the first week of March aimed at reducing the restriction on the rights of foreign residents to purchase Australian real estate.
To view the full article, click here
Migration Law e-bulletin
November 2008
- Migration Workers Protection Bill (Commonwealth)
A Bill, entitled the "Workers Protection Bill" proposes amendments to the Migration Act to change the framework for the sponsorship of non citizens seeking entry to Australia.
To view the full article, click here
Business Law e-bulletin
November 2008
- Trust Cloning Tax Concession Abolished
On 31 October 2008 the Federal Government announced that it will remove the capital gains tax exception for clone trusts.
To view the full article, click here
Family Law e-bulletin
November 2008
- Adult Maintenance For Children Over 18
Separated parents might be shocked to know that they may be required to pay maintenance for children over 18 and attending, for example, University.
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Family Law e-bulletin
November 2008
The Relationships Act 2008 (Vic) is due to come into force within the next few months. The Act deals with the way in which parties' property and financial resources will be distributed, in the event of the breakdown of the relationship. Parties in domestic relationships (formerly known as de facto relationships) should be aware of the changes to the existing laws and may wish to contract out of the new legislation by entering into a Relationship Agreement.
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Business Law e-bulletin
September 2008
After remaining stable at 12% since 2006, last week the Victorian State Government announced that the official penalty interest rate will decrease to 11% per annum from 1 September 2008.
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Property and Conveyancing e-bulletin
August 2008
The first home bonus has been extended to offer an additional $3,000.00 grant to purchase a newly constructed home for those eligible for the first home bonus in regional Victoria. Currently a bonus of $3,000.00 for existing homes or $5,000.00 for new homes is available across Victoria in addition to the $7,000.00 first home owners grant. The new regional bonus is additional to the existing $12,000.00 available for newly constructed homes valued under $500,000.00.
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Business Law e-bulletin
April 2008
As many would be aware, recent changes to the superannuation laws now enable super funds to borrow money to purchase assets and thereby gear up their holdings - a concession likley to appeal to many clients.
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Property and Conveyancing e-bulletin
January 2007
- New duty concession for home buyers
The Victorian Government has recently made available a duty concession for purchasers intending to use the property as their principal place of residence. This tax relief is offered to eligible purchasers who are first home owners as well as those who are purchasing their second or subsequent home.
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Business Law e-bulletin
March 2007
- GST trap for unwary business vendors
Many people attempting to sell their business without competent professional help would be shocked to discover they may have to hand one-eleventh of the purchase price over to the Australian Tax Office.
To view the full article, click here
If you are about to buy, or are in the early stages of operating a new business, you should be careful to choose the most suitable ownership structure.
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"Building quality relationships with clients"
February 2009 |
