Q & A

litigation

Q: What are the requirements for recognition of foreign judgments in Australia?
A:

Recognition of foreign judgments in Australia are governed by the Foreign Judgments Act 1991 (Cth). However, the details principles are varied on a case basis. In general, The following conditions must be satisfied:

  1. The foreign court must have exercised jurisdiction that Australian courts recognise under Foreign Judgments Act 1996 and the Regulation;
  2. The foreign judgment must be final and conclusive;
  3. The judgment must be for the payment of a debt or definite sum of money;
  4. The judgment debt has not been wholly paid by the debtor in the foreign country;
  5. The judgment must be enforceable in the country of the original court;
  6. The identity of the parties to the foreign judgment must be the same as the parties to the Australian enforcement proceedings.

Conveyancing & Property

Q: What is the requirement for First Home Owner Grant (New Home) Scheme?
A:

To be eligible for FHOGS, you must:

  1. Be an Australian citizen or permanent resident over 18 years old; and
  2. Have never owned or co-owned a home in Australia; and
  3. Have never received a FHOG in Australia; and
  4. Occupy the new home as your principal place of residence for a continuous period of at least 6 months commencing within 12 months of completion of the transaction; or
  5. Move in within 12 months after the construction is complete if you are building a new home.
Q: What is the cap for the Stamp Duty Exemption?
A:

For any existing homes, if its dutiable value is less than $650,000, transfer duty is fully exempt. If the dutiable value is between $650,000 and $800,000, the applicant is eligible for a concession. For any new homes, if its dutiable value is less than $800,000, transfer duty is fully exempt. If the dutiable value is between $800,000 and $1,000,000, the applicant is eligible for a concession .


Commercial Law

Q: In what circumstance, the company is in ‘insolvent trading’?
A:

When a company incurs a debt when the company is insolvent; or when a company becomes insolvent by incurring a debt.


Immigration Law

Q: How can I check my visa staus?
A:

If you want to know whether your visa is valid or not, you can have a VEVO Check by using the information listed in your IMMI Grant Letter.


Notary Public

Q: Can you witness my signature upon the documents as a Notary Public Solicitor via video link?
A:

Sorry, we cannot do that. We note that there is new policy for witnessing signature during COVID 19, however, Notary Public Authority clarified to all Notary Public Solicitor that notary public service cannot be done via audio or video link.

Q: Do I need to understand the content and consequence of the document I am signing before I have an appointment?
A:

Yes, you must understand the content and legal effect of the document. Otherwise, you must obtain independent legal advice.


Trade Mark

Q: How can registering a trade mark make a difference?
A:

A business may leave its marks unregistered. When an infringer uses an unregistered mark or similar ones to suggest a false connection to the business, the business may rely on the laws against ‘passing-off’ and ‘misleading or deceptive conduct’ to stop such use. However, the business will have to prove the reputation behind their marks. Evidence in this regard, sometimes even requiring market surveys, may be expensively to collect.

By registering the marks as trade marks, the business instead needs to prove that an infringer, without the business’ authorisation, has used the trade mark or similar marks on goods and services that the trade mark is registered with – a simpler, more cost effective process.

Q: How does a registered trade mark work?
A:
A business may have various marks such as bands, logos, slogans and packages etc. Such marks may be registered with a national register of trade marks in Australia. Each trade mark is registered in respect of certain classes of goods or services, so that the trade mark owner can use the registered trade mark on or in relation to those goods or services, such as affixing it to the package of goods, or using it in the promotion of the goods or services. A person may infringe a registered trade mark if he or she, without the trade mark owner’s authorisation, uses the trade mark or similar marks on the goods and services that the trade mark is registered with.

Wills and Estate

Q: Do I lose my rights after I have a Power of Attorney?
A:

No. You can still exercise all the rights after appointing your Attorney(s). You can continue to operate your bank account and look after your property while you still have mental capacity.

Q: What can I do if there is a dispute involving in a Power of Attorney?
A:

If the dispute in the Power of Attorney cannot be settled, you can go to either the Civil and Administrative Tribunal or the Supreme Court. They have the power to review enduring powers of attorney. The Supreme Court has the sole right to review certain types of general powers of attorney.


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