Mingqiang

In a divorce property settlement, one scenario that frequently arises is this: one party may sell assets before the divorce in order to reduce the shared property held within the asset pool. Moreover, the transfer of assets during the marriage is usually carried out without consulting or notifying the other party in advance, which can tilt the overall property settlement in favour of the party who transferred the assets.

Buying property is a relatively complex matter that requires caution. Because the purchase process involves many procedures, even a slight oversight can easily lead to losses. For example, in our earlier article “The Pros and Cons of Buying Off-the-Plan Property in Australia,” we mentioned that purchase contracts typically include a 5% area-variance clause for off-the-plan properties, meaning the final area of the property is permitted to differ by up to 5% from the area shown in the pre-contract provided to the buyer. There was once a case where someone bought an off-the-plan property and, after completion, discovered that the actual area of one of the rooms was reduced by about 4.5% compared with the area agreed in the purchase contract. It was precisely this discrepancy that affected the natural light and the usable space of the room. Traps and problems encountered during the purchase process occur time and again — some people silently endure them, while others become entangled in disputes, with many suffering property disagreements that drain their energy and finances. Therefore, when buying property in Australia, it is very important to have someone knowledgeable about property matters oversee the process. But who should that person be? Should you hire a property lawyer or a conveyancer? The following discussion will address this topic step by step.

Construction companies across Australian states are currently facing an unprecedented wave of insolvencies. According to ASIC statistics, in the 2022-2023 financial year, 2,213 construction companies entered external administration. When a company becomes insolvent, are shareholders required to use their personal assets to repay debts? And how can creditors protect their rights?

Australia is a country that places great emphasis on the rule of law and human rights, and the thresholds for establishing murder and manslaughter are extremely strict. Yet even within such a rigorous judicial system, miscarriages of justice still occur.

As most people know, Australia applies the no-fault divorce principle. A couple seeking a divorce is not required to provide the court with evidence of the other party’s fault; they only need to show that the marriage has broken down irretrievably and that they have been separated for at least 12 months before applying for divorce. But does this mean getting divorced in Australia is simple and that you don’t need to engage a divorce lawyer? Today we’ll walk you through whether you need a divorce lawyer and the benefits of doing so.

Buying property in Australia — whether as an investment or to extend and renovate your existing home to increase its value — is often a smart investment choice. Many people come to Australia and are willing to pour in their life savings or take on substantial loans to invest in property. However, the Australian home-buying process is full of pitfalls that are difficult to guard against. Many Chinese buyers, due to legal blind spots, language barriers, and misleading information from unscrupulous agents, developers, and construction companies, fall into traps when buying or building homes, resulting in significant financial loss and emotional distress. This article focuses on Australian property transactions and walks through the legal issues and disputes you may encounter, to help you gain a better understanding of Australian property law.

Whether in everyday life or at work, we all come into contact with various contracts and agreements — rental contracts, property sale and purchase contracts, commercial contracts, procurement contracts, property division agreements, and many more. The sheer variety of these contracts means we often find ourselves needing to draft, review, or approve them. Drafting a valid and well-crafted contract is essential to safeguarding our rights and interests.

In Australia, many people live with their partner in much the same way as a married couple, but without registering their marriage. So from a legal perspective, what is the difference between a de facto relationship and a registered marriage? Are you uncertain about how cohabiting/de facto relationships relate to registered marriages, and about the rights you enjoy under each? This article explains the differences between a de facto relationship and a registered marriage, and how you can protect your rights when legal issues or disputes arise in either type of relationship.

Compared with many other countries, Australia has a relatively high divorce rate, driven by a range of macro-level factors including multicultural integration, differing immigration backgrounds, and the retention of traditional values. By early April 2023, 51,076 couples had divorced; in 2019, 2020, and 2021, the number of divorces was 48,582, 49,510, and 56,244 respectively, showing a year-on-year upward trend (data from the Australian Bureau of Statistics and IBIS World reports). When divorcing in Australia, one of the matters that spouses must consider carefully is the question of child custody. The following discussion will focus on child custody in the context of divorce, walking step by step through what a child custody agreement is, what it should contain, how to put one together, and how the courts approach these matters.