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Company Insolvency: What Should Shareholders and Creditors Do?

August 29, 2023 · Mingqiang

Company Insolvency: What Should Shareholders and Creditors Do?

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?

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Do You Need a Lawyer for Divorce? What Can an Australian Divorce Lawyer Do?

August 17, 2023 · Mingqiang

Do You Need a Lawyer for Divorce? What Can an Australian Divorce Lawyer Do?

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.

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What Legal Disputes Can Arise in Australian Property Transactions?

August 11, 2023 · Mingqiang

What Legal Disputes Can Arise in Australian Property Transactions?

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.

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Do You Need a Lawyer to Draft Contracts and Agreements?

July 20, 2023 · Mingqiang

Do You Need a Lawyer to Draft Contracts and Agreements?

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.

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What Are the Differences Between an Australian De Facto Relationship and Marriage?

July 13, 2023 · Mingqiang

What Are the Differences Between an Australian De Facto Relationship and Marriage?

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.

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Understanding Child Custody Agreements in Australia

July 12, 2023 · Mingqiang

Understanding Child Custody Agreements in Australia

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.

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NSW First Home Buyer Concessions Now in Effect! Continuous Residency Period Extended from 6 Months to 12 Months!

July 5, 2023 · Mingqiang

NSW First Home Buyer Concessions Now in Effect! Continuous Residency Period Extended from 6 Months to 12 Months!

From 1 July this year, the former government's stamp duty reforms have been repealed. Under the new policy, NSW first home buyers can now access expanded stamp duty exemptions and concessions. First home buyers purchasing property valued at up to AUD $800,000 are exempt from stamp duty, and concessions are available for purchases of property valued up to AUD $1,000,000.

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Authorising Someone to Act on Your Behalf in Australia: What Is the Difference Between a General Power of Attorney and an Enduring Power of Attorney?

June 28, 2023 · Mingqiang

Authorising Someone to Act on Your Behalf in Australia: What Is the Difference Between a General Power of Attorney and an Enduring Power of Attorney?

In Australia, when you need to authorise another person to make decisions about your assets or legal matters, you generally require a legal document — a General Power of Attorney or an Enduring Power of Attorney. This is also a sensible way to prepare for unexpected circumstances. So what exactly is the difference between a General Power of Attorney and an Enduring Power of Attorney? And what should you keep in mind when drafting one? This article will explain in detail, using New South Wales as the example.

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What to Watch Out For When Weekly Rent Rises in Australia: Tenancy Contract Disputes Explained

June 15, 2023 · Mingqiang

What to Watch Out For When Weekly Rent Rises in Australia: Tenancy Contract Disputes Explained

In Australia, many people choose to rent, including international students and workers. Since 2022, those renting in Australia may have felt it keenly: "Why has the rent surged so dramatically?" According to data from SQM Research, weekly rents in New South Wales rose by 30.1% between 2022 and 2023, Melbourne weekly rents rose by approximately 23.8%, and other areas including Sydney, Canberra, Darwin and Adelaide all maintained a rise of roughly 1% per month.

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