Our Services

Whether you are an individual or a large corporation client, the independently owned and operated member practices of Law Australasia provide you with the specialist advice you need by drawing on the combined resources of all our firms across Australia. As an association of law firms this quality of legal advice is available wherever you are.

Through your local LawAustralasia firm you can:

  • Consult an accredited specialist in specific areas of the law that may not be available in your local region.
  • Benefit from the legal experience of over 200 solicitors in LawAustralasia across the region.
  • Instruct law firms in other jurisdictions without having to travel to that jurisdiction yourself.
  • Receive real value for money through LawAustralasia’s commitment to the latest systems and technology that deliver superior, cost competitive service to clients.

News From Our Firms

Dentists and Employment Contracts - tips and traps

We regularly assist dentists to buy and sell their dental practices. All too often we find that their employment contracts do not adequately protect the business.

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Getting ready to sell your Dental Practice

If you are about to sell your dental practice, there are many things to put in order:

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Setting up a Company or Trust to operate a small business
If you are starting a small business, it is important that you choose the right business structure to maximise your chance of success. Often, individuals choose to enter a sole trader or partnership structure, forgetting that a business can also operate as company or a trust.

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Buying a business – have you considered Personal Leave?
As the new employer of the business, the buyer is expected by the staff to honour all accrued leave entitlements, but the seller is not legally obligated to fund the personal leave entitlements as part of the adjustments on the sale of the business.

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Buying or selling residential property in QLD…the devil is in the detail (Part 1)
When you are considering buying a residential property in Queensland, most sales contracts are prepared using a standard REIQ contract which covers all of the basics that are required for sale of residential property. However not all buyers (and sellers) have similar requirements and not all properties are the same – so there are times when special conditions are required.
 
Here we explain the standard conditions and some of the more common special conditions which are often included in a QLD residential contract.

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The first three things you should do after signing a contract

For many first-time property buyers, the process of buying a property is somewhat of a mystery. It isn’t until you’ve signed on the dotted line that you learn the exact details of the process.

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Buying or selling residential property in QLD…the devil is in the detail (Part 2)
When you are looking at buying a residential property in Queensland, most sales contracts are prepared using a standard REIQ contract. However not all buyers (and sellers) have similar requirements and not all properties are the same – so there are times when special conditions are required.
 
This is part 2 of our series on standard conditions and some of the more common special conditions which are included in a QLD residential contract.

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My teen won’t comply with our Family Court Orders! What do I do?
As we all know, when children become teenagers, they usually start to display independence and a desire to have control over how they spend their own time. That can be difficult when there are Family Court Orders in place that dictate who, with and where they live at any given time.
 
This can start to raise questions for you, as their parent, about what you should do moving forwards. Should you respect their wishes of where they want to be, or do you continue to ensure that everybody is complying with the Orders of the Court?

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How do Magistrates Court Intervention Orders interact with Parenting Orders?

Intervention Orders (as known in South Australia), also previously known as ‘Restraining Orders’, exist to protect both children and adults from violence. Intervention Orders vary from full non-contact orders to safe contact orders and variations in between, which prevent the person named as the defendant/respondent from assaulting, threatening, harassing, or intimidating the protected person/applicant.

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Same-Sex Relationships and Family Law in Victoria
Same-sex marriage and family rights have evolved significantly in recent years, particularly in Victoria, Australia. As of 2023, the legal landscape surrounding same-sex couples and families has undergone notable changes. This blog will explore the rights and legal considerations for same-sex couples in Victoria within the realm of family law.

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Planning a holiday with the kids under a parenting agreement ? - Here’s what to keep in mind

If you are a party to a parenting agreement or parenting order and are planning to take your children on a holiday be sure to thoroughly review your Orders/agreement before making concrete plans.

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Divorce vs Property Settlement in Australia

If you’re separating from or divorcing your spouse, it’s important to understand the legal processes that you’ll need to navigate.
In this article, family lawyer Jessica Walton breaks down the difference between divorce and property settlement.

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New Year - New Life
It is not unusual for there to be an uptake of parties separating after the Christmas and holiday period. If you are considering separating or you have separated from your partner, there are a few things that you might want to do immediately.

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Top tips for dealing with undisclosed assets in Family Law matters
Navigating family law disputes is inherently complex, but when one party attempts to conceal their assets, it adds an extra layer of challenge. It is not uncommon for this to happen; attempts to conceal assets often stem from one party’s desire to preserve their own financial interests, manipulate financial outcomes and/or gain an unfair advantage.

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What to expect in preparing for and attending at compulsory mediation
If you have been directed or invited to attend a compulsory mediation, there are a number of things you should be ready for. Being prepared is vital, as this will ensure you will be able to consider all of the options that you have with a clear mind.

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Parental Alienation - recognising and addressing the signs
Parental alienation is a complex and emotionally charged family dynamic that occurs when one parent deliberately attempts to distance their child from the other parent, often resulting in strained or severed relationships. This can happen overtly and covertly, making some cases more challenging to identify and address.
 
Feeling alienated from a parent can have profound and lasting effects on children, causing emotional distress and impacting their overall well-being. Recognising and addressing the signs of parental alienation is crucial for neutralising its harmful effects and fostering healthy parent-child relationships.

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Refundable wedding photos - do they form part of the property settlement?

At Nevett Ford, we understand that the division of property is not only a physical separation but also an emotional one. The connection we have with our beloved properties may hold a lot of memories and sentiments.

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What anyone working with children should know about the upcoming changes to family law
DDCS Lawyers’ Emily Tighe explains how doctors, teachers and other professionals who work with children may be impacted by the raft of changes to family law coming into effect in May.

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Why should I formalise my property settlement with my ex-partner?
Navigating the complexities of a relationship breakdown is undeniably challenging. It is a time filled with emotions, requiring decisions that will shape your future.
 
One crucial matter that often surfaces during this period is property settlement. In this article, Family Lawyer Jack Semmens will explore why formalising your property settlement is essential to protect you and your interests.

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Consent Orders are Court Orders made by agreement between parties and are a legally binding document commonly used in Family Law proceedings for property settlement and parenting matters. Ryan Thomas, head of Andersons’ Family Law team explains the importance of these documents and whether a lawyer is required to draft them.

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Choosing The Right Family Law Practitioner For Your Needs
Choosing a Family Lawyer isn’t always an easy process, and it can have a significant impact on how your family law matter is handled and resolved. Beyond reputation, personality, and years of experience, finding a family lawyer who is a good fit can also come down to their specialised skills

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Offshore Online Study no longer counts for Australian Study Requirement for Subclass 485 Visa
From 25 November 2023, there has been a significant Australian Department of Home Affairs (DHA) policy change for subclass 485 visa applications. The DHA has announced the end of the COVID-19 concession period and posted a revised policy on its website. Notably, student visa holders who engaged in online study offshore due to COVID-19 travel restrictions can no longer use this study to fulfill the Australian Study Requirement (ASR) for subclass 485 visa applications lodged on or after 25 November 2023.

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NEW Australian Permanent Residency visa pathways

The Australian Department of Home Affairs has confirmed that on 25 November 2023 there will be changes implemented to the employer-sponsored permanent residency program.

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Changes to the Working Holiday Maker program coming soon – what you need to know
The Working Holiday Maker (WHM) visa program consists of two categories: the Working Holiday (subclass 417) and the Work and Holiday (subclass 462) visas. Individuals holding these visa subclasses are collectively known as Working Holiday Makers (WHMs).
 
The primary goal of the WHM visa program is to build meaningful connections between Australia and partner countries. This initiative enables young people to enjoy an extended holiday in Australia (and vice versa) while also participating in short-term employment opportunities.

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Department of Home Affairs expand access to Permanent Residency for Overseas Workers

From 25 November 2023, TSS subclass 482 and 457 visa holders now have access to permanent residency via the subclass 186 Temporary Residence Transition (TRT) visa regardless of their visa occupation stream. This comes as especially welcome news for subclass 482 visa holders in the short-term stream who have remained in Australia permanently temporary or have even returned overseas given the previous limits to further stay in Australia.

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New Labour Market Testing requirements

Labour market testing, or what is more commonly known as LMT, refers to the process in which employers are required to demonstrate that no suitable Australian citizen or permanent resident is available and suitable to fill a particular position within their business before sponsoring an overseas worker to fill an available role on a Subclass 482 visa.

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Australia’s Migration Strategy – What does it mean for you?
In December 2023, the Australian Government released a series of significant planned reforms in Australia’s migration system in order to meet the future needs of the country. These are coined as the ‘Migration Strategy’. The Migration strategy is based around skilled employment and education for migrants in order to boost Australia’s workforce and overall economic stability post-pandemic.

With an acknowledgement of the inextricable relationship between the Australian economy and skilled labour, the Migration Strategy sets out five core objectives for Australia’s migration system in the years to come.

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The benefits of Partner Visa Lawyers for your Partner Visa Application
Migrating is not easy, especially if it involves a spouse and/or partner. In Australia, non-Australian partners require a partner visa to live in the country. There are various types of partner visa available, but all require meticulous planning and preparation to ensure a foolproof application.

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Subclass 491 visa (Pathway 1) for New South Wales is OPEN
The New South Wales Government in Australia has opened its Skilled Work Regional Subclass 491 program under Pathway 1: applying directly to Investment NSW if the applicant has an established work history with a regional NSW-based employer.

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VETASSESS Updates – Plumber (General) Pathway 1 skills assessments resume
VETASSESS resumed taking new Pathway 1 skills assessment applications for the occupation of Plumber (General), ANZSCO code 334111, on Monday, February 12.

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Unlocking opportunities: introducing Australia’s MATES Visa Scheme for Indian Professionalsal) Pathway 1 skills assessments resume
Australia and India have forged a new path of collaboration through a Migration and Mobility Partnership Arrangement in the form of the recently announced Mobility Arrangement for Talented Early – professionals Scheme (MATES). This groundbreaking initiative aims to empower Indian nationals, particularly recent graduates and early career professionals, with the chance to gain valuable work experience in Australia.

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More changes to the Working Holiday Visa
As part of the Australia-Un​ited Kingdom Free Trade Agreement (Australia-UK FTA)​​, individuals holding a passport from the United Kingdom (‘UK’) have access to a more stable working arrangement in Australia through the Working Holiday Visa (‘WHV’) program.

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I had a car accident whilst working – should I make a Workers’ Compensation or CTP Claim?

You may be able to lodge both a Workers Compensation Claim and Compulsory Third Party (CTP) claim; however, it must be noted that if you lodge a Workers Compensation Claim and a CTP claim, then there is likely to be a recovery issued by Return to Work SA. This means that you would need to get a higher than the recovery amount in order to make any motor vehicle accident claim viable.

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CTP Insurance claims and settlement offers – why you should see a lawyer

If you or a loved one are injured in a motor vehicle accident, you may be entitled to compensation for your injuries. The types of compensation you may be entitled to include pain and suffering and loss of enjoyment of life, past and future care, past and future economic loss and any associated loss of superannuation and past and future medical and expenses including travel and medication.

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What will happen at a medical appointment organised by the insurer? Do I have to go?
A medical appointment organised by an insurer is known as an independent medico-legal examination. In most cases, if you are making a Compulsory Third Party (CTP) Insurance claim for injuries sustained as a result of a car accident, you will be required to attend a medical appointment arranged by the relevant insurer.

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Claiming lost income and loss of earning capacity from a car accident
If you have been in a car accident caused by another driver, you may be entitled to receive compensation for lost work income due to the incident or resulting injuries. You may be able to claim loss of wages for the period you were unable to work, time lost receiving medical care for your injuries and future economic loss.

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What evidence do I need to make a strong CTP case?
If you have been involved in a car accident and have suffered an injury as a result of another driver’s fault, then you should consider lodging a claim for car accident compensation. But what evidence do you need to make a strong CTP case to ensure that you receive the best possible outcome from your claim for compensation?

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What is a Nominal Defendant Claim?

A Nominal Defendant Claim arises when there has been a car accident that results in injuries or death and the driver at fault can’t be identified or is uninsured.
Personal Injury Lawyer Toya Nguyen explains further in this article
.

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Common myths about CTP Claims

CTP (Compulsory Third Party) claims, which are personal injury claims arising from a car accident, are often misunderstood due to a number of myths about this type of claim.
In this article, Personal Injury Lawyer Suzanne Pinyon explores some of these more common myths
.

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If you suffer injuries in a car accident, it is important to seek legal advice as soon as possible to discuss your entitlement to compensation.
 
At Andersons, we offer a first free thirty minute consultation to discuss your entitlements and to outline the process involved in a making a claim for compensation.

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Financial Hardship & Car Accident Claims - Requesting an interim payment
After a motor vehicle accident, you might require time off work to recover from your injuries, and your expenses might increase while you pay for medications and early medical treatment.
 
In certain circumstances, you may be eligible to request an interim or upfront payment from the Compulsory Third Party (CTP) insurer in times of financial hardship.

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Choosing the right CTP Insurance Claim Lawyer
If you’ve been injured in a car accident and making a CTP Insurance claim, you may need to engage a lawyer to help you through what can be a confusing and overwhelming process. Personal Injury Lawyer Suzanne Pinyon explains what you should look for in a CTP Lawyer to help you achieve a positive outcome and to receive the compensation you’re entitled to.

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Buying or selling a property in Queensland with a pool
If you’re buying or selling a property in Queensland with a pool, there are a few things you need to know.

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Important changes to property tax laws affecting vendors and their contracts of sale of land
The State Taxation Acts and Other Acts Amendment Act 2023 (Vic) has recently been passed by Parliament and introduces significant changes to property tax laws in Victoria, some of which will have an impact on vendors selling their property.

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Buyer Beware: You could be subject to land tax on jointly owned homes in NSW!
Usually, you do not pay land tax on your home in NSW, because you will be able to access the principal place of residence exemption.

When claiming a principal place of residence exemption for property in NSW, there are a number of requirements.

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Testamentary Trust Wills
Have you ever been advised to consider implementing Testamentary Trust Wills rather than a standard will for your estate planning?
 
Are you interested in ensuring your assets are securely held by your beneficiaries or in the most tax effective structure?
 
You may be interested in understanding more about Testamentary Trusts.

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Is 2024 the year you make a Will?
One thing that we would recommend always having on your yearly to-do or goals list is either making a new Will, updating your previous Will or simply reviewing your current Will to ensure it still reflects your wishes.

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A loved one has died and I’m the Executor – where do I start?
An Executor’s role is to carry out the terms of a Will and administer the estate of the person who has died in accordance with the wishes set out in the Will. The basic duties of an Executor are to collect and call in assets of the deceased, pay any debts and expenses, and to distribute the remaining funds to the beneficiaries according to the terms of the Will. An Executor may seek legal assistance from a Wills & Estate lawyer to prepare legal documents and deal with assets.

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Pets and Family Law - how it is and how it could be
Mike Jeffreys discusses with Catherine Leach, Family Lawyer/CEO of Leach Legal, the recent amendments to British Columbia’s family law recognizing pets’ welfare in family breakdowns.

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Paws for thought - Including your pets in your Will
Recently there was an article about a woman in China leaving $4.3 million to her cats and dogs rather than her children because she claimed her children rarely visited her when she was unwell.
This article prompted us to think about how with our animal companions playing more of an important part in our lives, can you choose to extend their financial care beyond your lifetime by including provisions for your pets in their Wills.

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How to revoke your Will
To avoid future ramifications, should you wish to cancel or revoke your Will, it needs to be done correctly. In this short article we provide you with the three ways you can revoke your Will should it no longer align with your wishes.

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The inheritance promise that will rip your family apart
Our very own Craig Hollett interviewed here by The Australian Financial Review on the “kitchen table” promises that can go so wrong when families only have verbal agreements in place when it comes to transferring ownership of small businesses and farms.

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Understanding the Essentials: What makes a valid Will?
It is great that you have made a Will but, is it valid?
In this short article we go through what is required to make a Will valid and therefore protect your wishes.

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The dangers of ignoring FWO compliance notices
A recent prosecution of an employer by the Fair Work Ombudsman is a timely reminder for employers to ensure they act on FWO compliance notices.
 
In our latest legal article, we break down the key takeaways of the case.

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