CMI Legal

20/05/2022

Are you having trouble finding a suitable carer to care for a loved one with special needs? You may consider bringing a carer from overseas by applying for a Carer visa (subclass 116).

Are you having trouble finding a suitable carer to care for a loved one with special needs? You may consider bringing a carer from overseas by applying for a Carer visa (subclass 116). The Carer visa application involves a stringent process with multiple criteria that must be met by both the spons

26/04/2022

Reviewing the Motor Accident Injuries Act 2017: More Protection for Injured Persons

The rising cost of premiums and alleged fraudulent activities relating to compensation claims have led to the introduction of the Motor Accident Injuries Act 2017 (NSW) as an update to the compulsory third-party (CTP) compensation scheme.

According to the Law Society of NSW, many practitioners have observed that victims of motor vehicle accidents are experiencing disadvantage under the Act, mainly due to significant decreases in their entitlements.

The Act itself contains provisions requiring the Minister to review the Act after its first three years of operation, which was recently completed at the end of 2021. The review was conducted by Clayton UTZ and Deloitte, and the report highlighted a need for balance between benefits for injured persons and the scheme’s affordability.

The review invited contributions from the Law Society and practitioners, who raised the following issues.

‘Minor Injury’
Any seriously injured person with a degree of impairment exceeding 10% should be given the right to claim damages;
Statutory benefits for minor injuries should be extended from 26 to 52 weeks;
Any psychological or psychiatric injury resulting from the death or horrific injury of a family member, as well as ‘adjustment disorder’ should be excluded from the definition of ‘minor injury’;
If an insurer wishes to adversely reverse a minor injury decision relating to a statutory benefits more than 18 months after an accident, the case must be referred to the Personal Injury Commission (PIC) for medical assessment, and the insurer must continue paying such benefits until the matter is finalised.

Mandatory Internal Review of Insurers
Internal review requirement should not apply to any decision relating to the degree of permanent impairment of an injured person;
Types of claims should be included in internal reviews.

Other recommendations include removing the 20-month waiting period for making Common Law claims for damages; as well as restructuring legal fees such that the strict caps on recoverable fees be removed to allow practitioners more than minimal fees.

The first three years of operation has made obvious that significant improvements are required in order for the scheme to fulfil its objectives. The primary concern is the lack of health and financial support available for injured persons, which should be covered by the scheme. Although the recent review completed marks a positive step towards legislative change, actual change needs to be implemented soon to ensure that injured persons are adequately protected.

20/04/2022

International Arbitration Between Cross-Border Parties

International commercial arbitration (ICA) is an alternative dispute resolution process that caters to parties in a dealing who are from different countries. It enables disputes to be settled by one or more arbitrators without court proceedings.

ICA in Australia is governed by the International Arbitration Act 1974 (Cth) (IAA). The purpose of the IAA is to promote international trade and commerce by encouraging parties to resolve disputes timely, efficiently and with as little “damage” as possible. The IAA also enforces Australia’s obligations under the New York Convention (Convention on the Recognition and Enforcement of Foreign Arbitral Awards) and the ICSID Convention (Convention on the Settlement of Investment Disputes between States and Nationals of Other States).

Most arbitration today uses the UNCITRAL (United Nations Commission on International Trade Law) Arbitration Rules, or the Model Law, which modernizes and harmonizes the rules surrounding international trade. However, parties can choose to use the New York or the ICSID Convention. It is important that all parties are member states of the convention of choice.

If you are dealing with an international party, your agreement should expressly mention international arbitration in its dispute resolution clauses. This shows that parties intend to use international arbitration should a dispute arises. The provision should also include the number of arbitrators, designating authority (e.g. the Australian Centre for International Commercial Arbitration (ACICA), language used and place of arbitration.

If you are seeking to enter into an international agreement, you should seek legal advice before proceeding with a contract.

20/04/2022

FIRB Approval for Foreign Buyers: Residential Property

If you are a foreign person, you are required to obtain an approval from the Foreign Investment Review Board (FIRB) prior to acquiring an interest in residential property, regardless of the value of the property.

The FIRB is a non-statutory entity that advises the Treasurer regarding Australia’s Foreign Investment Policy, which is primarily to channel foreign investment into new homes (as compared to established properties) to create jobs in the built industry and drive economic advancement. However, foreign buyers can apply to purchase established properties for redevelopment, subject to FIRB considerations.

Any foreign buyer found to be in breach of FIRB rules will be penalized. Depending on the value of the property, fines can add up to a large amount. The Federal Court recently issued a civil penalty order to a foreign buyer for breach of FIRB rules. The foreign buyer was slapped with $250,000 in fines for purchasing multiple properties without FIRB approval.

There is no limit to the number of new homes a foreign buyer can purchase. A new home is built on residential land, never been occupied and never been sold as a dwelling. Foreign buyers may also be permitted to purchase vacant land for the purpose of developing residential homes. However, development must be completed within four years from the date of FIRB approval, and evidence of completion must be submitted within 30 days of completion.

An application for FIRB approval can be lodged online via the Australian Tax Office’s website. The application fee will be calculated upon application based on the purchase price. Approval is generally granted 30 days from the date of application, as such it is important that foreign buyers take note of such timeframe as any delay may result in a missed opportunity for purchasing property. All contracts are conditional upon receipt of FIRB approval, which means that the contract can take longer to settle and there is a risk that FIRB application may be rejected, causing the contract to fall through.

If you are a foreign buyer who owns a residential property but is not occupying the property, or the property is genuinely unavailable for rent for more than six months in a year, you must pay an annual vacancy fee.

The above information provides an overview of the FIRB rules surrounding residential property purchase. You should contact us for legal advice prior to proceeding with any contract to avoid breaching the FIRB rules.

29/03/2022

Do you know your obligations?

According to the Corporations Act, a director is vested with set of duties and responsibilities including:
1.) Making decisions in good faith and the best interests of the company; and
2.) Keeping detailed records of company accounts; and
3.) Ensuring that the company ceases to operate when it faces liquidation.

Revisit our short article here: https://www.cmigroup.com.au/post/what-s-lurking-within-the-legal-fine-print.

How familiar are you with your duties and obligations as the company's official rep? According to the Corporations Act, a director is vested with set of duties and responsibilities including: Making decisions in good faith and the best interests of the company; and Keeping detailed records of compan...

28/03/2022

Building Contracts for Contractors

he primary reason for having a contract in place is that it ensures any agreement between parties are legally binding. Parties are aware of their respective rights and obligations and this prevents any surprise from springing up during or after work is completed. Importantly, as a builder, you are required by law to have a building contract.

We provide a list of contracts for your download and purchase here: https://www.cmigroup.com.au/post/building-contracts-for-contractors.

If you are providing building work, you should have a building contract and here are the reasons why. The primary reason for having a contract in place is that it ensures any agreement between parties are legally binding. Parties are aware of their respective rights and obligations and this prevents...

24/03/2022

Bogus Documents or False Information and the Character Test

Providing bogus documents, or false or misleading information to the Immigration Department could lead to serious consequences. Did you know that even making false declaration on your incoming passenger cards when entering Australia could lead to an enquiry by the Immigration Department during your subsequent visa applications?

Read more here: https://www.cmigroup.com.au/post/bogus-documents-or-false-information-and-the-character-test

17/03/2022

Foreign Person Stamp Duty: Quick Read

If you are looking to purchase a property in Australia, you would have heard of stamp duty, also known as transfer duty. Read more here: https://lnkd.in/gPaMNVmi.

If you are looking to purchase a property in Australia, you would have heard of stamp duty, also known as transfer duty. Generally, the stamp duty for Australian Citizens is at the 4% mark of the purchase price. The surcharge for a “foreign person” is 8%, totalling stamp duty to 12%. The followi...

16/02/2022

Dissapointing Holiday: The Case of Moore v Scenic Tours Pty Ltd

Looking to sue a tour agency due to a disappointing holiday? This recent High Court case would tell you that it is possible, but with some things to consider.

Mr Moore went on a cruise holiday arranged by Scenic Tours. However, flooding caused the changed of plans, resulting in Mr Moore having to travel by road for most of his trip. He sued Scenic Tours for breaching the Australian Consumer Law (‘ACL’).

Read more here:

Looking to sue a tour agency due to a disappointing holiday? This recent High Court case would tell you that it is possible, but with some things to consider. Mr Moore went on a cruise holiday arranged by Scenic Tours and was promised a “once in a lifetime” experience along European waterways. H...

24/01/2022

New Continuous Disclosure Regime in Australia

Among other things, 2021 saw the amendment of plenty of legislation, some in the wake of the pandemic, others to keep up with the ever changing demands and expectations from the Australian legal system - such as the introduction of fault element to disclosure laws.

Among other things, 2021 saw the amendment of plenty of legislation, some in the wake of the pandemic, others to keep up with the ever changing demands and expectations from the Australian legal system - such as the introduction of fault element to disclosure laws. The Federal Government on 10th Aug...

10/01/2022

COVID-19 Travel Update: Visa Holders Who Do Not Require Exemption

The Australian government has announced that from 15 December 2021, fully vaccinated eligible visa holders, including workers, students and graduates, can now travel to Australia without needing to apply for a travel exemption. Please continue reading to find out whether you are eligible to depart or return to Australia under the new arrangements.

https://www.cmigroup.com.au/post/covis-19-travel-update-visa-holders-who-do-not-require-exemption

The Australian government has announced that from 15 December 2021, fully vaccinated eligible visa holders, including workers, students and graduates, can now travel to Australia without needing to apply for a travel exemption. Please continue reading to find out whether you are eligible to depart o...

20/12/2021

The Australian Government has recently introduced an age requirement exemption and COVID-19 concessions for applications applying for the Employer Nomination Scheme (subclass 186) visa, and the Regional Sponsored Migration Scheme visa (subclass 187) Temporary Residence Transition stream.

For more information, head to our website to read the article: https://www.cmigroup.com.au/post/age-requirement-exemption-and-covid-19-concessions-for-visa-applicants.

The Australian Government has recently introduced an age requirement exemption and COVID-19 concessions for applications applying for the Employer Nomination Scheme (subclass 186) visa, and the Regional Sponsored Migration Scheme visa (subclass 187) Temporary Residence Transition stream. Applicants....