Newsletter November 2016

1. Nevile & Co. New Website Relaunch
2. Interns @ Nevile & Co.
3. Migration – New Subclass 188 Entrepreneur and Start-up Visa
4. Property Division in short-term relationships: Where do you stand?
5. Privacy Policy
6. Property – Dramatic Changes in the Property Law for Foreign Purchasers
7. Start-ups
8. Staff Activities – Chilli Sauce


Nevile & Co. New Website Relaunch

We are delighted to announce the re-launch of our Website. Despite having firewalls and anti-hacker protection, we were hacked and saw it an excellent opportunity to to re-do our Website with a new look. Our thanks go to Bill Nixon with his company TaDah Data Pty Ltd and to the photographer he introduced, Malorie Raymakers.

Our Website is up and running in English, Chinese and Indonesian and we will continue to add to its functionality. Shortly, we anticipate providing short videos introducing each of the professional staff as well as paralegals followed by the introduction of Forms which can be completed online and submitted directly to us.

We would appreciate any comments from our clients as to any aspect of the Website, particularly where you believe we can improve our service to you.


Interns @ Nevile & Co.

georgia-reid

Georgia Reid came to us as an intern for a period of 6 weeks from June 20th, 2016 to July 27th, 2016. We were approached by Intern Australia, who had provided us previously with an intern from Italy. Following several Skype interviews, and receipt of a short video from her, about her and her family background which we require from all interns, we employed Georgia.

We endeavour to provide our interns with as wide a range of experience as possible, including responsibility for preparation of draft documentation, attending Court hearings, participation in commercial matters including commercial litigation, Court hearings, property matters, estate planning, family law and migration.

Georgia was a delight to have in the office, she has a wonderful personality, is enthusiastic, motivated and highly intelligent. I have no reservations that she will do well in her chosen profession.

Georgia comments about her internship.

 

 

During June and July of this year, I had the great privilege of joining the team at Nevile & Co. as an intern.

I had travelled from the other side of the globe, from Scotland to arrive in Melbourne. I would be part of the firm for six weeks.

For the duration of these six weeks I learnt such valuable skills that will stay with me for the rest of my legal career.

From the outset, I was made to feel like a valuable member of this hardworking team. Every day was different from the previous. In my time there, I spent some time at court and having my first experience at a settlement. It was great on these days to discover the great city that Melbourne is. Other days were spent in the office researching and putting together important letters and documents. All of this experience will be hugely beneficial as I prepare to undertake my third year at university.

Every person at this firm is so enthusiastic about what they do but they also have so much time to give to the people who they surround themselves with at work. It is such a fantastic and friendly firm, and I could not thank everyone there enough for all of their help and support whenever it was required.

I have not only gained new and expanded knowledge of a different legal system, I have also made great friendships.

I felt so welcomed and part of the team that it was very difficult to say goodbye.


Migration – New Subclass 188 Entrepreneur and Start-up Visa Available

Effective as of September 10th, 2016

To encourage Entrepreneurs and Start-up businesses in Australia, the Australian Government has added a new stream to the existing subclass 188 Business Innovation and Investment (Provisional) Visa. You can apply for this visa if:

  • You have lodged an Expression of Interest in SkillSelect
  • You have secured a minimum of AUD$200,000 from an authorised investor/entity and which innovative idea will lead to a business activity in Australia (certain types of business are excluded).
  • You must be under 55 years of age (exceptions may apply). Have a competent level of English and have at least 30% interest in the entrepreneur venture.
  • You have been nominated by a State or Territory Government
  • You have received an invitation to apply for this visa.
  • Other requirements depend on the stream you listed in your Expression of Interest.
  • This is a Temporary Visa granted for 4 years. Thereafter, you will be eligible for permanent residence via subclass 888 Business Innovation and Investment (Permanent) Visa. If you can meet filters such as business turnover, employment of Australians and ability to obtain Significant Financial Banking.
  • You must have a business plan outlining plans for the venture in Australia.
  • The venture must not be related to residential real estate, or labour hire, or involve purchasing an existing business or franchise

For more information contact jstone@nevile.com.au or go to Live In Victoria .


Property division in short-term relationships: Where do you stand?

It was meant to be forever. Turns out forever was closer to 18 months. But it’s not always as simple as calling the removalists and downloading Tinder. Even short-term relationships can lead to complex wrangling over property in the Family Court. Find out where you stand in our October newsletter.

Property division in short-term relationships: Where do you stand?

It was meant to be forever. Turns out forever was closer to 18 months. But it’s not always as simple as calling the removalists and downloading Tinder. Even short-term relationships can lead to complex wrangling over property in the Family Court.

But we weren’t married and don’t have kids!

If your de facto relationship (with no kids) lasted at least 2 years, then the Family Law Act applies to property division. This is also the case for same-sex de facto couples. However, the court may be able to make an exception for relationships of less than 2 years duration, provided an Applicant can prove:

1. That there was a relationship

Time is not the only factor used to determine the existence of a relationship (in the absence of official paperwork). The Court can also consider other aspects such as: your living arrangements, whether there was sexual involvement and whether others considered you a couple.

And, (in accordance with s.90SB of the Family Law Act), that:

2. That the party seeking the orders has made substantial contributions

This means the Applicant has to prove that, during the relationship, he or she made substantial contributions to the acquisition, and/or maintenance and/or improvement of assets. This could include real estate, bank accounts, shares, vehicles and superannuation. And;

3. A failure to make the orders sought would result in serious injustice to that party.

What the Court needs to see is that it would be manifestly unfair not to make an order. This involves providing evidence that not having the matter heard in the Family Court would likely cause the Applicant future suffering. An Applicant may also have to prove that there is no alternative or more appropriate venue to deal with the case.

Assuming a relationship is proven, if the court is not satisfied of points 2 and 3 means the Court does not have jurisdiction under the Family Law Act and the Application will be dismissed. (We’ll get to the issue of legal costs another time!) If the Application is rejected, the case could still proceed in a different jurisdiction, e.g. the Victorian Civil Administrative Tribunal, where different legislation will apply.

If the Family Court accepts the case, then it can proceed through the system as per other cases. However, allowing a claim to proceed, doesn’t necessarily mean a claim will succeed.

A Hypothetical – Are you Sam or Alex?

Shortly after starting a relationship, Alex moves into Sam’s place. Sam and Alex share expenses and mortgage payments initially. Then, Sam’s family law property settlement requires her to re-finance her home (formerly her marital home) so she can buy-out her ex-husbands. Unfortunately, Sam is unable to obtain finance, so Alex kindly offers to obtain the loan.

Alex then begins making all the repayments, and they both share household expenses. After 21 months, sadly, the relationship comes to an end. The house is in Sam’s name, however, the mortgage is in Alex’s name.

Alex wants the money back that he paid towards the mortgage.

Sam doesn’t think he’s owed anything, after all, he had to live somewhere.

Are you Sam or Alex?

This is just one of many examples which we can help you with.

How do I avoid this legal nightmare?

Nobody wants to think about breaking up when they’re giddy on dopamine. But if you’re currently in a new relationship where s.90SB of the Family Law Act could apply, then consider sitting down with David Dudderidge to discuss how to best protect your assets and/or simplify any future split.

On the flipside, contact David if you’re parting ways with a short-term domestic partner and want to clarify what your options are.

Nevile & Co.’s David Dudderidge practices in all areas of Family Law, including cases such as these. With years of experience to draw from, he’s helped clients to preserve property and receive their proper entitlements.

For assistance with your family law matters, whether it be property, parenting or divorce, please contact David on:
03 9664 4700
david.dudderidge@nevile.com.au
0412 621 075 (SMS)


Privacy Policy

Did your business make more than $3mil last financial year? If so, you are required by law to have an up-to-date Privacy Policy. Even if not, a Privacy Policy should be part of every business’ best practice model and customer service strategy. We can help you.

A Privacy Policy is a document which explains to the public how your business handles ‘personal information’ that it holds about individuals. Personal information is simply information that could be used to identify someone, for example, their name, email address, or a photo.

If your business doesn’t meet its obligations in relation to privacy, monetary penalties can be imposed against it under the Privacy Act 1988. However, particularly in our ever-evolving environment of rapid information-sharing and internet security concerns, it is also crucial from a customer service perspective that you can communicate to your clients clearly about how you will collect, use and store their personal information.

To set up a Privacy Policy, or to obtain further advice about your obligations, contact Anna Goodluck via email or call 03 9664 4700.


Property – Dramatic changes in the property law landscape for foreign purchasers

It is important that you are aware of these changes and how these changes apply to your transactions in order to provide you with efficient and accurate advice now and in the future.

Stamp duty – Victoria

The additional stamp duty payable by a foreign purchaser has increased in Victoria from 3% to 7% from 1 July 2016.

This means that a foreign purchasers acquiring (signing a contract) residential property on or after 1 July 2016 must pay additional duty in additional to the normal land transfer duty on the dutiable value of the property. The additional stamp duty will also apply to any arrangement or transactions that involves the transfer of an interest in residential property to a foreign purchaser such as nominations.

It is interesting to note that other states, such as Queensland, are following suit with the introduction of an additional 3% stamp duty applicable to acquisition of residential land by foreign persons from 1 October 2016.For further details on how changes to stamp duty impacts on your purchase, please contact our office.

Verification of identity requirements

From 9 November 2015, new verification of identity requirements come into effect for persons who wishing to lodge registrable instruments or dealings in paper form at Land Victoria.

This requirement applies regardless of whether you are purchasing or selling a property. The Verification of Identity can be done through a number of ways, including in person at the Australia Post Office or in person at our office. For further details on the Verification of Identity procedure, please contact our office.

Absentee owner surcharge

From 1 January 2016, an absentee owner surcharge applies to Victorian land owned by an absentee owner. This surcharge will increase from 0.5% to 1.5% from 1 January 2017. If you are an absentee owner at 32 December, the surcharge will apply in the following land tax year.
For more details on the absentee owner surcharge and how it may apply to you, please contact our office.

Foreign resident capital gains withholding payments

The government has introduced a 10% non-final withholding tax on payments made to foreign residents who dispose of certain taxable Australia property.

This is applicable to contracts entered into on or after 1 July 2016. This means that where foreign residents dispose of property, the purchaser will be required to withhold 10% of the purchase price and pay that amount to the Australian Taxation Office (ATO).

If, however, the property transaction has a market value of less than $2million, the new withholding requirements will not apply. Similarly, if a clearance certificate confirming that the withholding tax is not to be withheld from the transaction is obtained by the vendor, the purchaser is not required to withhold an amount from the purchase price.

For further details on the effects of the new withholding tax requirement and how it may affect your sale, please contact our office.

For any other property related enquiries please do not hesitate to contact our office.


Start – ups

The firm had a policy for many years of assisting start-ups in a diverse range of businesses –

We have acted for many start-ups over the years, and continue to act for them. We understand that in almost every start up there will be a great deal of pain to be suffered in getting a new concept off the ground and through to commercial exploitation.

We have been involved in start-ups as diverse as the Colonial Tramcar Company with its now multiple award winning Restaurant Trams to films, “The Man from Snowy river” being one example, the gaming industry and breakthrough medical devices. The major qualities required would appear to be passion, persistence and planning.

We have a policy with start-ups that provided we share the passion, then we are also willing to share the pain. In short, we will provide advice and assistance in planning, in particular legal structures, documentation and commercial advice based on many years of experience, at very reduced and in some cases, a deferred fee on the basis we will also show in the gains. Clearly, a risky business but it has proved to be interesting professionally and at times a lot of fun. Who knows, we may even make a profit.


Staff Activities – Chilli Sauce

chilli-sauce

A number of our staff joined with me at my warehouse to make some 450 bottles of chilli sauce. We make this for our clients so please do not hesitate to request a jar when next you come to the office. Be warned – it is HOT!