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De facto Relationship Breakdown: How Is Property Divided? Key Points to Note!

September 20, 2022 · Mingqiang

De facto Relationship Breakdown: How Is Property Divided? Key Points to Note!

In Australia, many cohabiting partners apply for a de facto certificate, commonly known as proof of a de facto relationship, to establish that they are in a de facto partnership. Although a de facto relationship differs from a registered marriage, it still carries legal effect. In today’s complex social environment, the breakdown of a de facto relationship brings a range of unique challenges, particularly when it comes to property division. For members of the Chinese community, traditional views often mean many people are unaware that parties in a de facto relationship can also divide property. In such situations, property division becomes a matter that requires careful thought, weighing various factors and seeking a fair outcome. So when a de facto relationship breaks down, how is the couple’s property divided? Below we share the key aspects of property division to be aware of when a de facto relationship ends.

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What Licences Do You Need to Run Different Types of Businesses in Australia? What Should You Watch Out For?

September 6, 2022 · Mingqiang

What Licences Do You Need to Run Different Types of Businesses in Australia? What Should You Watch Out For?

When running a business, having the relevant industry-required licences — or business permits — is essential. Starting operations without the proper licences can easily cause a business to breach laws and regulations. So whether you are planning to start a business in Australia or are already running one, understanding upfront the licences and legal requirements that apply to your industry is critical. This article walks you through the licences and key considerations for operating various types of businesses.

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Can a Binding Financial Agreement Signed with Genuine Intent Still Be Set Aside or Terminated?

September 2, 2022 · Mingqiang

Can a Binding Financial Agreement Signed with Genuine Intent Still Be Set Aside or Terminated?

To avoid property disputes, signing a Binding Financial Agreement (BFA, often referred to as a prenuptial agreement) is a fairly common practice. A BFA is a legal instrument that clarifies the property rights and interests of both spouses, ensuring the couple’s financial arrangements are reasonable and fair, and reducing the possibility of future property disputes. Such an agreement is usually negotiated and signed voluntarily by both parties before marriage, but it can also be entered into during the marriage or after the relationship has broken down. It carries legal effect and can set out the specific division, management and succession of property in accordance with the parties’ wishes. In an earlier article, How Is Property Divided After Divorce in Australia?, we covered the function, drafting process and validity of financial agreements. On the question of validity, we have previously noted that a BFA may be set aside if, at the time of signing, one party was (i) the significantly disadvantaged party, or (ii) subject to duress or undue influence, such that the agreement did not reflect that party’s genuine intent. In this article we take the question a step further: if both parties signed the BFA with genuine intent, can the agreement still be set aside or terminated?

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Harassment at Train Stations and Other Public Places, Especially Toward Women: NSW Boosts Surveillance, VIC Launches Instant Reporting Service

September 1, 2022 · Mingqiang

Harassment at Train Stations and Other Public Places, Especially Toward Women: NSW Boosts Surveillance, VIC Launches Instant Reporting Service

In Australia, have you ever encountered some “odd” people near a train station or when walking past a park? They might look like homeless people loitering around, or be walking along muttering something you can’t quite make out, or… Most people, in most situations, will simply steer clear and take a detour if they spot such a person from a distance, trying to avoid any contact whatsoever — not even eye contact. If I can’t afford to mess with them, surely I can afford to avoid them, right?

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“This is Tencent Customer Service, notifying you that your WeChat account is about to be banned” and “Hi, Mum…” — beware of these two scams!

August 25, 2022 · Mingqiang

“This is Tencent Customer Service, notifying you that your WeChat account is about to be banned” and “Hi, Mum…” — beware of these two scams!

Today NS Legal shares two “new-style” phone scams with you. The scripts may be formulaic, but each time the scammers put on a different disguise, people still fall for them. Both scams below have already been encountered by friends and colleagues around us, so please stay on high alert. Don’t end up saying, “I really didn’t think I’d be the one to fall for it…”

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Received a 189 Invitation, but Your Skills Assessment or English Has Expired — About to Lose the Invitation? There May Still Be a Chance!

August 24, 2022 · Qiqi

Received a 189 Invitation, but Your Skills Assessment or English Has Expired — About to Lose the Invitation? There May Still Be a Chance!

To get straight to the point, 189 invitations have finally been issued recently — cause for widespread celebration. For a summary of the invitation round, see: 189 Sudden Invitation Downpour — Scores for Several Occupations Dropped Sharply! But when delighted applicants discovered that their skills assessment and English test had expired, they were completely stunned — feeling that after finally securing an invitation, it was now beyond saving. They might miss this opportunity, with no way of knowing when independent skilled migration would come around again. Don’t panic — this article explains in depth why it may still be worth trying.

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