News Centre
April 19, 2022 · Mingqiang
Ripped Off by a Business in Australia — How Can Consumers Protect Their Rights?
If a product you buy has problems, keep receipts, bank statements and warranty documents and send the business a complaint letter. If direct communication fails, contact the ACCC. Manufacturer warranties cannot replace legal guarantees, and businesses cannot unilaterally determine the statutory warranty period.
April 14, 2022 · Mingqiang
How to Determine Trademark Infringement in Australia — A Complete Guide to Trademark Essentials
If your registered trademark is infringed, you can usually sue or settle out of court. To sue, you must prove legally valid rights; evidence may include valid registration, ownership, infringement and unauthorised use. Trademark owners are also responsible for monitoring infringement.
![[Case Study] A Dramatic Turnaround! From a $170,000 Fine / Prison Sentence to Just $1,500 — What Happened in Between?](https://www.nslegal.com.au/wp-content/uploads/2023/09/case-study-170k-fine-reduced-1500-appeal.webp)
April 8, 2022 · Mingqiang
[Case Study] A Dramatic Turnaround! From a $170,000 Fine / Prison Sentence to Just $1,500 — What Happened in Between?
In an aggravated animal cruelty case, the client’s guilty plea saw charges of inadequate food and water and failure to obtain veterinary treatment withdrawn, reducing the maximum fine from $170,000 to $110,000. The final sentence was a $1,500 fine and a 2-year ban on buying, keeping or caring for pets.
April 7, 2022 · Mingqiang
Buying Property in Australia After Getting PR: You May Still Be Treated as a “Foreign Person” and Owe Foreign Stamp Duty!
After obtaining PR, you may still be treated as a foreign person if you have not lived in Australia long enough. NSW investment buyers need to check residence before signing; homes for personal use have separate continuous residence conditions. PR alone does not determine whether extra stamp duty applies.
April 6, 2022 · Mingqiang
Australian Federal Election Approaching: Consequences of Not Voting
For your first Australian federal election, check enrolment and compulsory voting obligations. If you cannot attend, you may vote early or by post if eligible. After receiving a failure-to-vote notice, you can provide details of having voted, give a valid and sufficient reason, or pay a $20 fine.
April 1, 2022 · Mingqiang
Don’t Sign an Australian Property Purchase Contract Blindly! Key Points to Watch For
Before signing an Australian property purchase contract, check fixed pricing and the land transfer deadline, and understand the deposit, cooling-off period and special conditions. A contract with a 66W Certificate has no cooling-off period; withdrawal costs follow the contract and are generally around 10% of the purchase price.
March 31, 2022 · Mingqiang
Someone pushed me, so I grabbed a stick and hit them back — does that count as “self-defence”?
Striking someone with a wooden stick and seriously injuring them after being pushed is difficult to defend as self-defence. Necessity and whether the response is proportionate to the threat depend on the circumstances. Once the other person stops the attack or can no longer attack, you cannot continue defending yourself.
March 30, 2022 · Mingqiang
Money-Savvy Australian Chinese: Key Considerations for Running a Cross-Border E-Commerce Business
Selling products or services overseas from Australia requires consideration of your company’s place of establishment, buyer identity and location, and trading terms. Target markets may bring additional regulatory, tax and intellectual property issues. Check whether returns and shipping policies suited to Australian customers also work for international customers.
March 24, 2022 · Mingqiang
Worked hard at an internship in Australia for 3 months — and didn’t get paid a cent?
Whether internship pay in Australia must meet minimum wage standards depends on whether an employment relationship exists. Unpaid internships should primarily benefit the intern through learning; businesses should also agree on the duration beforehand and meet health and safety obligations towards unpaid interns.
March 23, 2022 · Mingqiang
NS Legal Case Analysis: Unfair Terms in Standard-Form Contracts
When standard-form contract terms are largely non-negotiable, watch for unilateral price changes, restrictions on termination and exclusions of liability for representations. A court must determine unfairness; a term found unfair is void from the outset, while the remaining terms stay valid and bind both parties.