Administrative decisions made by the Australian government can have a significant impact on people’s lives, such as the decision to approve or decline one’s visa application. However, individuals may believe that the decision was made incorrectly, or the proper decision-making process was not followed. As such, they may seek for the decision to be reviewed in hopes of achieving a more favourable outcome.

 

This is where the Administrative Review Tribunal (‘ART’) comes into play. Commencing operation on 14 October 2024, the ART abolished the Administrative Appeals Tribunal (‘AAT’), which was notorious for its insurmountable backlog of cases and politically biased members. Since then, the ART has introduced significant changes to the ways in review of administrative decisions have been conducted. Here are 2 key changes for migrants and refugees under the new ART which did not previously exist in statute:

 

  1. Appointment of Interpreters

Under s 68 of the Administrative Review Tribunal Act 2024 (Cth), the ART is empowered to appoint an interpreter for an applicant to aid them in communicating throughout the proceedings, and to help them understand the evidence and submissions which have been put forth. This provision is crucial for migrants and refugees who struggle with language barriers, which may hinder them from fully comprehending and participating in the ART’s proceedings.

 

  1. More Experienced and Qualified Members

Under s 208 of the Administrative Review Tribunal Act 2024 (Cth), senior members of the ART (the individuals who decide whether a person’s application should be approved or rejected) are required to have at least 7 years of experience as a legal practitioner. The Asylum Seekers Resource Centre remarked how for members working in the Migration division of the ART, legal experience is particularly important as it ensures that complex provisions of the Migration Act 1958 can be correctly interpreted and applied.

“Being on the same financial page with your partner isn’t just about avoiding fights over who forgot to pay the Netflix bill. It’s a window into a shared vision of your future: how you value experiences, how you prioritise your family, and how you define success.” Jeff Guenther, a therapist from Portland, Oregon, highlights an uncomfortable yet crucial topic which couples should discuss before marriage: money.

Before tying the knot, it’s important to discuss questions on the topic of money to avoid complications or disagreements further down the road, such as mismatched approaches to budgeting, or conflicting views towards spending. Some discussion points could include:

  1. “What are your financial goals?”

Individuals in a couple may often be saving for different goals, whether it be for a car, property or dream holiday. It's important to ensure that your goals as a couple are compatible to avoid complexities arising in the future.

  1. “How are your spending patterns and habits?”

Spending patterns can give rise to arguments if one partner is a frugal saver, and the other is an avid spender. Planning how to reconcile these differences, if they exist, is important in helping couples avoid disagreements and tension.

  1. “How should we manage our finances?”

How will the income earnt by each partner be managed? Will you choose to keep finances separate, combined, or have a mix of both? Clarifying these questions early on ensures that couples are on the same page and to avoid issues arising when the bills arrive.

  1. “What are your thoughts on prenups?”

One of the last things couples may want to talk about is divorce. But it's important to be aware of the financial implications which arise from divorce and hence, sharing thoughts on prenups helps each partner take steps towards protecting their accumulated assets if they wish to do so.

  1. “Let’s keep on talking about this.”

A one-off conversation about money is unlikely to yield valuable insights about how your partner thinks money should be managed. It's important to continuously bring up the topic of managing money as a couple especially when circumstances change, such as when one partner receives a substantial pay rise at work, or you are both thinking of raising children.

If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.

When the end of the year approaches, Christmas parties and events are a staple in workplaces across Australia. These events are a great way to celebrate the year with work colleagues and unwind from work leading into the holiday season and the new year. Although these events are designed for celebration, injuries can occur to work staff due to an incident or accident. Whether you are covered under Workers Compensation and the employer’s insurance in these situations is something that has always been up for debate.

Is the Christmas Party still considered part of the ‘Workplace’?

The main question is whether the Christmas party/event is considered a work event and covered under Workers Compensation. It is likely that you will be covered under Workers Compensation for an injury that occurs at these ‘work’ events. This is because the event will be considered as part of an individual’s employment. If the event is funded, sponsored or promoted by the employer then it is considered a work event and part of the working environment. Accordingly, the employer has the responsibility to ensure the safety of employees and provide a safe environment. Thus, the employer would likely be liable for most injuries that occur.

Conduct at the Event

Although the Christmas party/event would be considered a work event and part of the working environment, not all injuries would necessarily be covered under Workers Compensation. As the event is considered an extension of the work environment, attendees must adhere to employment laws and consider their conduct. Injuries sustained due to behaviour resulting from severe intoxication would likely result in attendees not being covered under Workers Compensation. This can be seen in previous cases where ‘serious misconduct’ resulted in the employer not being liable for injuries that occurred.

Are you only covered at the event?

If you are injured whilst travelling to the work event, you would likely be covered by Workers Compensation. The employment insurance scheme and Workers Compensation cover journeys to and from work. Travelling to work Christmas parties can fall under this as well. In a previous case where an employee was injured on the way to a work Christmas party, it was argued that the employee was on the way to her place of employment and that there was a real and substantial connection between her employment and injury. The ruling was in favour of the employee in this case.

If an injury occurs whilst leaving the work event, there is a possibility of being covered by Workers Compensation, however this would depend on several circumstances which may be assessed such as where the employee was travelling to after the event and their conduct.

Regarding parties and celebrations held after the event, it is likely that the employer would not be liable for injuries that occur at these ‘after’ parties. In a previous case it was ruled that the after party was not an official work function and the employer would not be liable for the injuries that occurred.

If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.

The end of year holiday shutdown period can be a great time for people and businesses to wind down and re-energize before the new year. There are various things that should be considered to ensure that you can have a stress-free shutdown period and have things taken care of. Both individuals and businesses should bear in mind several things as part of their checklists to help manage the holiday shutdown period.

These are just some of the important things that need to be considered before the end of year holiday shutdown period. These considerations will assist you in having a smooth shutdown period and will help when reopening in the new year.

If you would like to issue a Letter of Demand or pursue Debt Recovery options in relation to any outstanding debts owed to you, please do not hesitate to contact us on 02 8999 9809.

Considering Superannuation

In family law disputes, superannuation would be considered a property and an asset that can be divided between both parties. The Family Law Act 1975 allows the Family Court to consider superannuation when a relationship breakdown occurs. Usually, superannuation can be split through the parties reaching an Agreement or if an agreement cannot be made, then a Court Order can be sought for the superannuation split. The information of the other parties superannuation can be obtained using the Superannuation Information Request Form.

Within the Agreement or Orders, the parties can choose to either split the super balances or place a super payment flag. A superannuation split will involve transferring the agreed or said amount from one party to the other. The transfer can be either a fixed dollar amount or a percentage of the super balance. Usually, the funds will stay in the super environment until either party meets a condition of release which allows them to access their superannuation funds as cash.

A super payment flag can be placed on the account of either party. This would mean that transactions will not be possible on the accounts until the flag is lifted. This allows the parties to defer their decision to a further point in time such as retirement or prevent either party from transferring funds out of the account till the matter is settled especially if they meet a condition of release.

 

Procedural Fairness and Process

Prior to a court order for a superannuation split, ‘procedural fairness’ must take place. This process involves a letter being provided to the Trustee of the Superannuation Fund which includes details of the proposed Order. The trustee then must be given time to assess the proposed Orders, and this is a legal requirement in the process of the superannuation split. The court cannot make an order for a superannuation split without procedural fairness taking place.

In the letter sent to the trustee for procedural fairness sent by your solicitor, there are a few important details that must be included for the trustee to be in a position to accept the proposed orders. The parties to the family law proceeding should both be outlined clearly on the letter as well as the member number of the account which is being considered for the split. The name of the super fund in question and account details such as the USI and the ABN of the super fund should also be outlined. The base amount or percentage being sought should be included and the trustee would be able to provide a response to the letter. The letter and response from the trustee along with evidence of the value of the account will be sufficient to show that procedural fairness has taken place.

Once the order has been provided, a sealed copy of the Order needs to be provided to the super fund trustee. The transfer will then be made via the super fund by either rolling the funds out from the account or creating a new account within that super fund in the name of the recipient of the funds. If the Court Order includes a super payment flag, it will be placed onto the account that is being restricted.

If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.

 

 

What is Contribution Splitting?

Contribution splitting refers to the process where an individual’s superannuation contributions can be transferred to a spouse or spouse equivalent’s superannuation fund. The contributions that can be split under this process are known as concessional contributions. Concessional contributions refer to funds in super that are the result of pre-taxed income. These funds are then taxed at 15% by the fund which go the Australian Taxation Office (ATO).

Types of concessional contributions include:

Rules Surrounding Contribution Splitting

The maximum amount that can be split under contribution splitting is 85% of an individual’s concession contributions for the financial year or the concession contribution cap for the financial year whichever is lesser. (The cap for the 2024/2025 FY is $30,000)

A spouse for the purposes of contribution splitting refers to the qualifying spouse being either legally married to, in a registered relationship or in a de facto relationship with the person who is making the contribution split. The spouse receiving the contribution split must be under the age of 65 and be an Australian resident.

To apply for a contribution split, an individual must submit the request after the financial year for which they would like to split contributions for e.g. Application must be submitted in 2024/2025 for contributions made in 2023/2024. Most super funds will have a contribution splitting form available or the ATO has their own contribution splitting form which can be used.

Reasons Why You May Decide to Split Contributions

There are various reasons as to why someone would decide to submit a contribution split:

If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.

 

 

On the 5th of November 2024, 65 million people tuned in to watch a fight between former boxer Mike Tyson against Popular youtuber and professional boxer, Jake Paul. However, on the night of the much-awaited match, the streaming platform faltered, leaving countless civilians across the U.S to experience severe buffering and glitches from their streaming service, Netflix.

Without anywhere else to turn, over 100,000 frustrated viewers flooded into social media to express their annoyance about their streaming issues that occurred both before and during the fight, putting Netflix in a tough position.

Class-Action lawsuit- what is it?

A Class Action is a legal procedure that allows for many people who have experienced similar issues or grievances to file a lawsuit. In this case, Florida man Ronald ‘Blue’ Denton has stepped up as lead plaintiff on behalf of all people who were affected by Netflix on the night of November 5th 2024.

The Lawsuit

A $50 million class-action lawsuit filed against Netflix claims that the streaming service has breached its contract by being ill-prepared for the large viewership, failing to deliver on its promise of a smooth global streaming service during the Paul vs Tyson boxing match thus leading viewers to miss key-moments of the match.

The lawsuit seeks monetary damages and class-action status on behalf of other consumers who were affected by the streaming service and accuses Netflix of a breach of contract and deceptive trade practices.

What next?

Although Netflix may be the largest streaming service globally, with this incident, many people are speculating whether other streaming services would perform better. Many concerns about the upcoming NFL Christmas Day streaming quality have arisen, and despite Netflix assuring viewers that this event will stream fine, many viewers remain heavily sceptical and untrusting of the company.

If you or someone you know wish to share your thoughts or concerns over this class-action lawsuit,  then please do not hesitate to contact us on 02 8999 9809.

After the unprecedented occurrence of four domestic-violence related deaths in the span of a single week, a Royal Commission into South Australia’s domestic violence ‘epidemic’ was commenced on the 1st of July 2024. It has inquired into 5 aspects aligned with the ‘National Plan to End Violence against Women and Children 2022-2032’- prevention, early intervention, response, recovery & healing and Coordination.

Prevention: 

The Commission intends to investigate how South Australia can prompt preventative change in social drivers of domestic, family and sexual violence.

Early Intervention: 

The Commission aims to find solutions to improve effective early intervention by identifying and supporting high-risk individuals.

Response: 

The Commission expects to investigate how South Australia can ensure best practice responses by providing services and support for affected families.

Recovery and Healing 

The Commission aims to provide an answer on how South Australia can take a more positive approach with recovery and healing that will reduce the risk of re-traumatisation and can better support survivors.

Coordination 

Lastly, the commission intends to recommend solutions for how communities and different organisations, whether government or not and can coordinate efforts across all the above aspects so as to design and provide a capable domestic, family and sexual violence system that meets the needs and wants of all affected individuals.

What Does the Future of This Commission Look Like?

The Royal Commission is planning to conclude its investigations by the 1st of July 2025. Before then, the commission is working on uncovering initial responses from South Australian residents especially by engaging with diverse groups (including First nations people, culturally diverse communities, members of the LGBTQIA+ community, people with disabilities, people of all ages, regional residents and experts in related fields) and focusing on systemic development to better suit a wide range of people.

How Might This Commission Influence NSW? 

The South Australian Royal Commission into Domestic, Family and Sexual Violence has the potential to foster stronger cross-state collaboration by setting new benchmarks in addressing Domestic Violence and providing effective solutions to also help those in NSW.

If you are an Australian citizen experiencing domestic, family or sexual violence, please call 1800RESPECT (1800 737 732). 

If you or someone you know wish to discuss this issue further, or seek legal advice on matters concerning domestic, family, or sexual violence, please do not hesitate to contact us on 02 8999 9809.

Background:

From October 2023 to 30 June 2024, the ‘Shared Equity Home Buyer Helper’ (hereafter, ‘SEHBH’) Scheme in NSW helped participants secure more affordable mortgages and reduced initial deposits, to as low as 2% of the property purchase price (hereafter, ‘PPP’).

The program saw the NSW Government contribute up to 40% of the PPP for a new home, or 30% for an existing property, in exchange for an equity share. Subsequently, while buyers retained ownership over their homes, they weren’t obligated to repay the Government’s equity share (unless they chose to), thus lowering their mortgage payments.

However, the SEHBH ended in mid-2024, with pre-approved participants being required to find and purchase a home by 30 September 2024.

Nevertheless, in November 2023, the Federal Government introduced the ‘Help to Buy’ Scheme (hereafter, ‘HBS’), a national version of the SEHBH.

After a 9-month deadlock in the Senate, where the Coalition opposed the Labor proposal, the Labor Government secured the support of the Greens and crossbenchers, allowing the Bill to pass on 27 November 2024.

The HBS:

Typically, an Australian property deposit can be as high as 20% of the PPP. In NSW, this deposit is often around 10%, though negotiations and certain deal structures, may reduce it to as little as 5%.

Under the HBS, similar to the SEHBH, eligible parties need only pay a minimum 2% deposit, while the Government will contribute 30% of the value for an existing home, or 40% for a new build.

What does the Equity Share Mean?

The Government’s equity share effectively mean it becomes a part-owner of the property, entitled to up to 40% of its value upon its resale.

While voluntary payments can be made to reduce the Government’s stake in the property, there is no obligation to repay the Government contributions, for mortgage purposes.

This effectively reduces a buyer’s mortgage from 90% of the purchase price (assuming a 10% deposit) to between 58% and 68% (with a 2% deposit).

Eligibility Criteria:

The Government aims to assist 40,000 people over four years through the HBS, subject to the following eligibility requirements:

Summary:

While the HBS offers significant benefits to eligible participants, its strict eligibility criteria, 40,000 participant cap and limits on property price may prevent many Australians taking advantage of it.

 

If you or someone you know wish to discuss the HBS further, or acquire legal advice on property matters, then please do not hesitate to contact us on 02 8999 9809.

envelopeprinterphonemap-marker