::SERVICES
Children & Parenting Arrangements
Children of separating parents face enormous anxieties and adjustments. Their family’s lives will be significantly disrupted, so to minimise the impact, resolving the future parenting arrangements for them ought to be given careful consideration.
The main focus when determining future parenting arrangements for children after separation should be the needs of the children. It is the right of children to have a significant and an ongoing relationship with both of their parents, unless it is contrary to their best interests.
The parents of children both have parental responsibility, meaning that they have the authority and responsibility for making decisions concerning the long term issues about their children. When parents seek a Court Order dealing with parenting arrangements, namely, “a parenting order”, it will usually include an order that their parents have equal shared parental responsibility for their children. In some segments of the community there is a misconception that this equates to some right of each parent to have the children in their care for an equal amount of time. In family law legislation, there is no mention of any rights of the parents.
There is no legal requirement for separating parents to obtain parenting orders to deal with the arrangements for their children. Many separating parents are able to work out between themselves what the future arrangements will be for their children, and make those arrangements work. If it is possible for these people to make their informal parenting arrangements work, then there is probably no need for them to formalise those arrangements by way of parenting orders of a Court.
For those separating parents who are having difficulty reaching agreement about the future arrangements for their children, there is a legal requirement to at least attempt to resolve the differences through mediation. The mediation process will involve one of the parents making contact with a mediation service provider. An appointment is made to see this parent, for what is commonly referred to as an “intake interview”. At this intake interview the mediator obtains information about the family and what the issue is all about. The parties will also be assessed for their suitability to participate in mediation. If assessed as suitable, the mediator will then invite the other parent to make an appointment for an intake interview. After the other parent has had an intake interview, then a joint a mediation conference is eventually scheduled.
There is a variety of different mediation service providers available in the community. These include the government funded Family Relationship Centres which provide up to 3 hours free mediation. Alternatively, private mediators also operate and provide a service.
Most parenting mediations occur without lawyers present. However, this is not a set rule, and each matter ought to be carefully assessed to consider whether it would benefit from having the parties’ lawyers present. Such situations which may warrant having lawyers present would include if there is a degree of conflict between the parties whereby they cannot communicate with one another effectively, or where the parties may need to be assisted to concentrate on the important issues.
In some cases “child inclusive” medication is appropriate. This occurs where a child consultant, usually a child and family psychologist, speaks with the children and reports back to the parents on how the child is dealing with the separation. Whether child inclusive mediation is appropriate is a matter that is assessed by mediators who work with child consultants, and may involve situations where there are older children who have specific views, or where there is an issue present which may benefit from the input of a child consultant.
If the mediation process achieves a resolution about parenting arrangements for the children, including who they will live with and the time they will spend with each parent, then the mediator will record in general terms what has been agreed upon. It is then a matter for the parties to follow up and have their lawyers draft parenting orders, to be made by consent, reflecting what has been agreed upon at mediation.
If mediation fails to resolve the issue concerning future parenting arrangements of the children, or if one party refuses to participate in the mediation process, then the mediator will issue a certificate which will entitle the parties to commence proceedings to ask a Court to determine their parenting arrangements. This is generally an option of last resort.
Before embarking upon the mediation process to deal with parenting arrangements, it is always recommended that each parent seek independent legal advice from a lawyer experienced in family law. The advice should not only cover the legal/technical aspects, but also the process involved and an assessment of what process will best suit each individual case.
For expert assistance with Family Law matters, phone Dominic Wilson, Managing Partner of Craddock Murray Neumann, on (02) 82684000. We have Family Lawyers who are certified by the Law Society of New South Wales as Accredited Specialists in Family Law.
Testamentary Trusts
A testamentary trust is a trust created by a Will. It is generally a discretionary trust, i.e. the trustee of the trust will have full discretion about who benefits, and to what extent, under the trust.
This outline is to give you an overview of the common features and advantages of testamentary trusts. There are different forms of testamentary trusts to suit particular circumstances, but this overview is only about the general type of testamentary trust, not all the possible varieties of them.
A testamentary trust has two significant advantages for a Will maker and the nominated beneficiaries:
- Significant taxation advantages in terms of income splitting; and
- Protection of the assets of your estate against the risk of claims arising from financial or other difficulties that can affect the estate beneficiaries.
Income splitting
The following significant tax advantages for testamentary trusts are available under current Australian tax laws:
- Section 102AG of the Income Tax Assessment Act 1936 (incorporated in the 1997 Tax Act) removes the punitive tax rates on unearned income (interest, investment dividends, etc) for children and allows ordinary tax rates to apply where the income is distributed from a trust estate created under a person’s Will. See the worked example in the attachment for an explanation of how this works in practice.
- By using a discretionary testamentary trust, any income gains, capital gains and franked dividends earned from the estate assets after you die can be distributed among family beneficiaries each year in the most tax-efficient way.
The tax concessions do not only apply to income and capital gains earned by the trust from inherited assets. They also apply to any income and capital gains earned from assets or wealth acquired from the reinvestment of moneys received from the original inherited assets.
A Will can establish more than one testamentary trust. If there is more than one beneficiary, your Will can (and indeed should) establish a separate testamentary trust for each beneficiary.
Asset protection
Generally, people should be concerned about protecting their assets and taking measures to ensure that the assets remain within the family and are used to benefit family members (particularly beneficiaries in higher risk categories, such as company directors or professionals).
In particular, people should be concerned about:
- their beneficiaries becoming bankrupt, especially those that are involved in highly leveraged businesses;
- their beneficiaries becoming divorced and their assets being split in the divorce or de facto relationship breakdown;
- their children mismanaging or wasting their inheritance;
- ensuring that the surviving spouse will pass on their assets to their children upon that person's death; or
- looking after handicapped children.
The significant advantage of a testamentary trust is that the assets are owned by one person(s) (the trustee) and the benefit of the income and capital of the trust passes to other persons (the beneficiaries).
By separating the aspects of control and benefit in this way, testamentary trusts can protect assets from legal action involving the beneficiaries and/or the misuse of those assets.
The terms of the testamentary trust are contained within and set out in the Will. These terms can restrict the ability of any of the beneficiaries to control the activities and investments of the trust or give them complete control.
As noted at the outset, testamentary trusts are generally fully discretionary trusts, so that the trustee has the discretion to decide which beneficiaries to distribute to in any given year and what to be distributed. This permits flexibility and maximizes tax planning opportunities for managing the inherited wealth, with the help of appropriate professional tax advice.
The only way that you can ensure that the assets are fully protected is to have at least two trustees, an independent trustee together with the primary beneficiary.
You therefore need to decide whether you want to sacrifice the independence of the beneficiary to ensure that the inherited assets are protected and used sensibly for the benefit of the primary beneficiary and their family. If beneficiaries have full control of their testamentary trusts, this allows the beneficiaries to use the trusts for income splitting and asset protection.
However, if you want to ensure that your assets are invested and managed for the benefit of their beneficiaries then it is appropriate to have an independent person in control of the testamentary trust. This should only be done after careful consideration of the implications. It is also appropriate to have an independent trustee for testamentary trusts established for vulnerable beneficiaries (e.g. those with a significant disability, illness or addiction problems).
To see an example of how this works in practice, see Comparison Between a Simple Will & Testamentary Trust.
For further information, please contact Craddock Murray Neumann Lawyers on 02 8268 4000.
Commercial Litigation
Craddock Murray Neumann’s highly experienced litigators, including Partners Julian van Leer and Dominic Wilson, have acted in thousands of cases before all State and Federal Courts involving claims by and against private litigants, government departments, banks, insurance companies, liquidators, creditors, debtors, trustees and so on.
The team’s experience covers a wide range of matters and our lawyers’ commercial law/litigation knowledge and acumen allows them to provide business people with sound advice and able representation. Our litigators are aware of and actively manage the impact of a case - including the exposure to risk and expense. We know how distracting litigation can be, and we know how important it is to plan action in consultation with you using your insights into your own position.
Using our ISO-approved quality management systems we prepare thoroughly and report to you so that you are able to make sound judgements on your options and the implications for your business.
Our commercial litigation services include:
- contract disputes
- corporate management/breach of director’s duties issues
- misleading and deceptive conduct litigation
- building cases
- enforcing (and resisting enforcement of) Deeds of Release, mortgages, guarantees, charges etc
- enforcing judgments (writs, garnishees, examinations, instalment orders etc)
- insolvency law - company winding up and bankruptcy proceedings, creditor’s meetings, proofs of debt, examinations of bankrupts and company officers, making and defending claims for “clawing back” assets, preferences, void dispositions and insolvent transactions
- debt recovery actions
- obtaining urgent Court orders to preserve assets - ”Mareva” Injunctions
- Industrial Relations Act matters including re-writing unfair contracts
- partnership and joint venture disputes
- intellectual property disputes
- litigation arising from government regulation/decisions by government departments.
- Court of Equity/Commercial List work including:
- actions based on unfair contracts, undue influence, fraud, unconscionable conduct
- enforcement and rectification of contracts
- applications relating to the exercise of powers of sale by mortgagees
- trusts implied by law (resulting and constructive trusts)
- actions relating to the tracing of trust assets
- dissolution of partnership proceedings
- insurance disputes.
Further information
Contact our Managing Partner, Dominic Wilson on (02) 8268 4000 or by email at dwilson@craddock.com.au for friendly professional service. Dominic will direct you to an experienced litigation lawyer who can assist you.
Disputed Estates / Wills
If you have been left out of a Will, or not properly provided for, you may have a claim under the Family Provisions Act 1982 (FPA).
Contested or Disputed Estates is a complex area of law. Whether you are an applicant seeking provision out of the Estate, seeking to protect provision which ahs been made for you where the will is being challenged, or an Executor dealing with a claim, we can provide expert legal advice and representation.
Dominic Wilson heads our Probate team. He has over 25 years experience in this particular field and will advise you in plain English about your case, its prospects for success, and what needs to be done to get the best results for you. Working with Dora Maddock, an experienced litigator, Dominic is able to quickly ascertain the key issues in your case and determine the best way forward.
It is important to note that not everyone can contest a Will, and only an “eligible person” can make a claim under the Family Provisions Act.
People who may be eligible to claim include:-
- a spouse of the deceased, including a de facto spouse and a person living in a domestic relationship with the deceased at the date of death (that relationship can be a same sex relationship)
- a child of the deceased
- a former spouse of the deceased
- a person who was dependant on the deceased
- others including a member of the household of the deceased.
There are many criteria and conditions that apply to each of the categories and the experienced solicitors in our Wills and Probate team at Craddock Murray Neumann are happy to provide further information on your eligibility to make or defend a claim.
Further information
Business & Commercial Law
If you are in business, you need a lawyer with sound commercial law experience who understands your legal needs and the implications for your business.
At Craddock Murray Neumann we pride ourselves on the skills and knowledge of our staff. Headed by Dominic Wilson and Julian Van Leer in conjunction with our Special Counsel, Nick Houen, we have a team of highly experienced commercial lawyers offering clients advice that is practical, honest, innovative, prompt, and cost effective. Many of our existing commercial clients were previously clients of the big city law firms who appreciate the savings as well as the personal attention and commitment to quality a mid-sized firm can offer.
Over the years, we have assisted a diverse range of commercial clients, from small-medium enterprises right through to major multi-national corporations and government departments. It is our aim to establish long-term relationships and our lawyers work with clients to develop a sound understanding of their businesses – something which is essential to providing effective representation and advice.
We provide a full range of commercial legal services including:
- business structures
- company incorporations
- company reconstructions
- formation and dissolution of partnerships
- purchase and sale of business
- contract drafting, including commercial, joint venture and partnership agreements
- drafting guarantees, mortgages, charges and other security documentation
- documenting company administrations
- trusts - unit and discretionary trusts
- asset protection advice
- due diligence assessments
- advice on corporate governance.
Click here for more information about assets, business structures and risk analysis/advice.
Further information
Contact our Managing Partner, Dominic Wilson on (02) 8268 4000 or by email at dwilson@craddock.com.au for friendly professional service. Dominic will direct you to an experienced business and commercial lawyer who can assist you.
Lawyers:
- Nick Houen
- John Koumarelas
- Michael Mc Crudden
- Julian Van Leer
- Dominic Wilson
De Facto Relationships
In late 2008 various States in Australia surrendered to the Commonwealth Parliament the power to deal with the financial aspects of the breakdown of de facto relationships.
Any de facto relationship which breaks down after 1 March 2009 is dealt with under the Family Law Act insofar as it relates to financial settlements. This includes both opposite sex and same sex relationships.
In order to bring a claim for financial settlement under the Family Law Act upon the breakdown of a de facto relationship (“DFR”), a number of requirements must be satisfied including;-
1. A de facto relationship must have existed;
2. At least one of the parties must be Australian Citizen, or a resident in Australia and be present in Australia on the day any Court proceedings are commenced;
3. The period, or total periods, of the de facto relationship is a least two years, subject to some exceptions or qualifications;
4. One or both of the parties is ordinarily resident in a State which has conferred the power upon the Commonwealth, and the parties lived in that State for at least a third of the relationship.
The States which have conferred the power to deal with DFR’s upon the Commonwealth include Queensland, New South Wales, Victoria and Tasmania.
A two year limitation period from the date of separation exists within which to commence court proceedings for financial settlement arising out of the breakdown of a DFR, or alternatively to formalise an agreement concerning financial issues.
One of the significant issues which will commonly arise is whether a DFR existed at all. Identifying the existence of a DFR is not a simple as identifying a marriage relationship. With marriage relationships, regardless of the parties’ domestic circumstances or quality of the relationship, the parties receive a marriage certificate to prove the status of that relationship. No such state issued tangible evidence exists with DFR’s.
Under Section 4AA(2) of the Family Law Act, the factors to be taken into account when determining whether a DFR exists includes:-
(a) the duration of the relationship;
(b) the nature and extent of their common residence;
(c) whether a sexual relationship exists;
(d) the degree of financial dependence or interdependence, and any arrangements for financial support, between them;
(e) the ownership, use and acquisition of their property;
(f) the degree of mutual commitment to a shared life;
(g) whether the relationship is or was registered under a prescribed law of a State or Territory as a prescribed kind of relationship;
(h) the care and support of ">children;
(i) the reputation and public aspects of the relationship.
It is not necessary that all those factors listed in Section 4AA(2) exist in any particular case. If there is any dispute as to whether or not a DFR acutally did exist, and therefore whether any claim can be brought under the Family Law Act for a financial settlement, then it may be a matter for a court to determine as a preliminary threshold issue.
Significant consequences flow from a finding that a DFR existed. Where a DFR is held to have existed, the parties are entitled to seek a division of their net assets applying a methodology equivalent to that in marriage cases, which will result in a more generous outcome for one party who may be disadvantaged in terms of, for instance, income or care of children. If a DFR is found not to have existed, then a domestic relationship may have existed, and there may be an entitlement to bring a claim under state legislation, namely the Property (Relationships) Act.
For assistance with Family Law matters, phone Dominic Wilson, Managing Partner of Craddock Murray Neumann, on (02) 82684000. We have Family Lawyers who are certified by the Law Society of New South Wales as Accredited Specialists in Family Law.
Contract Law
Contracts are central to our everyday lives. A contract can be verbal or written (sometimes both) and is a legally binding agreement that establishes the terms and conditions which bind the parties. In addition, the law will sometimes imply terms into a contract.
There are many traps and pitfalls in contract law. A Court might interpret a provision in a way which a party might never have expected. A contract might fail because it is not supported by consideration (value). A party might renounce the contract where they have no right to. This is why it is so important to obtain legal advice before entering into a contract under which you incur significant liabilities or obtain significant rights, and before taking action to breach (or respond to a breach) of contract.
Contracts can take many form, including:
- business agreements
- agency agreements
- agreements for the sale/supply of goods
- insurance contracts
- joint venture agreements
- put and call options
- production and distribution contracts
- financing contracts
- guarantees, mortgages, loan agreements,
- employment contracts and contracts for the sale of land etc
You even enter into a contract when you buy a newspaper. The law of contract touches us all.
At Craddock Murray Neumann we offer expert advice to anyone requiring assistance with a contract. The services we provide include:
- contract negotiation
- drafting contracts
- advising on termination of contracts
- enforcing contracts
- recovery of damages as a result of a breach of contract
- defending proceedings where a breach of contract is alleged
Further information
Contact our Managing Partner, Dominic Wilson on (02) 8268 4000 or by email at dwilson@craddock.com.au for friendly professional service. Dominic will direct you to an experienced contract lawyer who can assist you.
Lawyers:
- Nick Houen
- Julian Van Leer
Divorce
In Australia, divorce, parenting and financial issues, are dealt with separately, so the parties do not need to be divorced before their parenting and financial issues are dealt with.
A divorce involves:
- an Application to the Federal Magistrates Court seeking a divorce order
- the parties need to be separated for at least 12 months before they can apply for divorce
- if during that 12 month period the parties are separated under the one roof, they may still apply for a divorce
- however, they need to provide evidence that the parties were in fact separated
- a divorce becomes final one month and one day after a divorce order is granted, whereupon a divorce certificate will issue
- once a divorce is granted, the parties may remarry.
If the Court is satisfied that the parties were married in the first place, that they have been separated for at least 12 months, and that other jurisdictional requirements are satisfied, then a divorce order is granted.
Divorce in Australia is secular. The parties are entitled to a divorce regardless of their religious beliefs. The only ground for obtaining a divorce is that the marriage has broken down irretrievably. This is evidenced by the 12 months separation.
For assistance with Family Law matters, phone Dominic Wilson, Managing Partner of Craddock Murray Neumann, on (02) 82684000. We have Family Lawyers who are certified by the Law Society of New South Wales as Accredited Specialists in Family Law.
Wills & Estates
At Craddock Murray Neumann we have experienced solicitors who can assist you with everything from drafting simple wills through to complex wills using testamentary trusts, and from appointing Powers of Attorney (people who can look after your financial affairs on your behalf) through to appointments of Enduring Guardian (looking after your medical care).
Our Wills & Estates team is experienced in the preparation and completion of wills and has comprehensive resources to enable us to produce documents specifically tailored to your needs.
In addition we have an association with licensed financial planners who can advise on estate planning, life insurance, income protection insurance, and trauma insurance.
Our Wills & Estates services include:
- preparing wills
- handling the estates of people who die without a will - intestate estates
- estate planning
- applying for a Grant of Probate
- applying for Letters of Administration
- Family Provisions Act claims - acting for people left out of a will or people defending a will
- probate litigation
- contested wills
- lodging caveats
- Powers of Attorney
- appointment of Enduring Guardian
- testamentary trusts.
Further information
Contact our Managing Partner, Dominic Wilson on (02) 8268 4000 or by email at dwilson@craddock.com.au for friendly professional service. Dominic will direct you to an experienced wills and estates lawyer who can assist you.
Lawyers:
- Nick Houen
- Dominic Wilson
Financial Agreements
Parties can enter a financial agreement:
- before marriage (commonly referred to as a prenuptial agreement),
- during the course of marriage, or
- after divorce.
In de facto relationships, financial agreements can be entered into:
- prior to cohabitation,
- during cohabitation, or
- after separation.
Financial agreements in marriage and de facto cases entered into prior to the relationship, or during the relationship but before separation, are somewhat speculative in their nature. These types of financial agreements make provision for the financial settlement each party is to receive if they separate.
When entering into financial agreements lawyers are required to give advice to the parties on:
- the effect of the agreement,
- the parties’ rights and
- the advantages and disadvantages of the agreement.
A financial agreement will generally take away the right of a party to apply to the Court for a financial settlement.
Advising on the advantages or disadvantages of the agreement when it is entered into either before the relationship commences or prior to separation is difficult. The advice should cover how a financial settlement would be achieved upon separation in the absence of a financial agreement – whether a party will be better or worse off because of the agreement.
Many people value the peace of mind provided by a financial agreement prior to or during a relationship - this way they have some certainty about what will happen if the relationship ends.
Many people enter into a financial agreement prior to marriage or entering into a de fact relationship in order to protect their assets. This commonly occurs in cases where people are entering into subsequent marriages or relationships.
Financial agreements entered into before a marriage or de facto relationship or prior to separation can make whatever provision the parties want. However, drafting such agreements is not a simple matter of filling in a form. In order to adequately make provision for what the parties want, and in order to make a future challenge unlikely to succeed, the parties ought to make a full and frank disclosure of their financial circumstances before entering into the financial agreement, and the agreement needs to be drafted with care.
When the parties are negotiating a financial settlement after separation in the absence of a prior financial agreement, a financial agreement is often used to formalise the final financial settlement that has been agreed upon. Financial agreements entered into after separation can include provision that neither party will seek spousal support or de facto maintenance from one another - something which is not available if Court orders by consent are obtained. In order for the “no spouse maintenance/de facto maintenance” clauses to be effective, neither party must be incapable of supporting themselves without an income tested pension or allowance, having regard to the provisions of the agreement.
Whatever type of financial agreement is entered into, there are a number of technical requirements that must be fulfilled, including that each party obtain independent legal advice. A Party should not enter into a financial agreement without the advice of an experienced Family Lawyer.
For assistance with Family Law matters, phone Dominic Wilson, Managing Partner of Craddock Murray Neumann, on (02) 82684000. We have Family Lawyers who are certified by the Law Society of New South Wales as Accredited Specialists in Family Law.
Family Law
Divorce, property, support, de-facto relationships, children, adoptions
When family and de-facto relationships break down you need effective representation to protect your financial interests and the rights of your children.
Gillian Wright and Paul Boers are highly experienced family lawyers. Both are Accredited Specialists in Family Law, as certified by the Law Society of New South Wales.
At the first conference, we find out what you want. We outline your options. We provide an estimate of legal costs. We keep you informed as your case progresses.
Most people prefer a reasonable settlement to a knock down battle in Court. Our family lawyers are tough and skilled negotiators. We also use mediation and collaborative law.
If you need to use the Court to resolve your dispute, Gillian and Paul have more than 40 years experience as litigators between them. Paul is a former Registrar of the Family Court.
We also know that the breakdown of a relationship can have a major emotional impact. We treat you with respect and empathy.
Family law services
Our experience includes the following:
- pre-nuptial and binding financial agreements, cohabitation and separation agreements
- divorce and nullity proceedings
- children’s issues: parental responsibility; access; protection and welfare/abuse/abduction issues; child maintenance and support; Children’s Court matters
- adoption, paternity/parentage issues
- spousal maintenance
- property orders including use and occupation of home, division of business assets etc
- superannuation and tax issues
- bankruptcy issues in family law
- urgent orders including preserving assets of the relationship, restraining flight from jurisdiction
- family trusts, unit trusts, and Corporations Act issues
- claims arising from contributions and agreements
- de facto relationships
- domestic violence issues
- wills and succession issues
- same sex relationships
- IVF/Donor Insemination issues
- surrogacy.
Further information
Contact Paul Boers, Gillian Wright or our Managing Partner, Dominic Wilson on (02) 8268 4000 or by email at dwilson@craddock.com.au for friendly professional service.
Lawyers:
- Paul Boers
- Gillian Wright
Financial Settlements
Upon the breakdown of a marriage or de facto relationship, in the absence of a financial agreement previously entered into, the parties are entitled to seek a financial settlement. This involves a division of the net assets of the parties, and dealing with the liabilities. The end result is that the parties no longer jointly hold any assets or liabilities together, and are each allocated their share of the net assets.
Prior to engaging into any discussions concerning a financial settlement, it is always advisable to seek independent legal advice, as to:-
1. The legal technical methodology applied to determine your entitlements;
2. Based upon the net assets in history in your case, what is your likely assessment of your entitlements; and
3. The processes involved to achieve a financial settlement.
In an initial consultation at Craddock Murray Neumann, we deal with all these aspects in a financial settlement and work out a plan to deal with a financial settlement appropriate to your case.
In every financial settlement there is an obligation upon the party to make full and frank disclosure of their financial circumstances. This is a fundamental principle designed to allow each party to make an informed decision concerning settlement options. It is not possible to make an informed decision about any settlement proposals until each party has a clear understanding of what assets and liabilities exist, and of the financial circumstances of each other.
At the beginning of each case involving financial settlement, the financial disclosure on the part of each party occurs. This will include each party verifying their financial circumstances with the production of personal financial documents. The next matter to consider is whether there are any issues concerning the valuation of any assets. If so, then the valuation issues are dealt with by having any assets valued, as appropriate. Once this is has been dealt with, settlement options may be considered.
Most experience family lawyers have for decades taken the approach to try to achieve a settlement without court intervention. Assuming a settlement is achieved, it will need to be formalised, meaning that it is made legally binding. Two mechanisms are available, including court orders, which can be obtained by consent, and entering into a financial agreement.
For assistance with Family Law matters, phone Dominic Wilson, Managing Partner of Craddock Murray Neumann, on (02) 82684000. We have Family Lawyers who are certified by the Law Society of New South Wales as Accredited Specialists in Family Law.
Criminal Law
At Craddock Murray Neumann our experienced criminal lawyers are available to provide advice and representation.
If you need us, we can represent you in a range of criminal proceedings. We have appeared in many high profile cases in all Courts, from the Local Court to the High Court, including:
- “white collar” offences
- serious offences involving gaol terms
- motor vehicle offences including drink driving and culpable driving offences
- larceny/fraud charges
- Children’s Court matters
- Coronial Enquiries
- hearings before Statutory Tribunals such as:-
- the Independent Commission against Corruption – ICAC
- the Police Integrity Commission – PIC
With over 20 years of experience in the field of criminal law, we can ensure that your rights are protected and that you receive the best possible advice and representation.
What should you do?
If you are charged with a criminal offence, or you think you may be charged with a criminal offence, or the Police or other investigators want to speak to you, you need to think and act quickly. The answers to the most common, and important, questions we are asked by people facing criminal charges are listed below.
Q. Should I speak to a lawyer first?
A. Yes, and that lawyer should be an experienced criminal lawyer.
Q. Do I have to answer the Police questions?
A. In most cases you have to provide your name and address, and in the case of a motor vehicle accident:
- your licence and car registration details
- information about who was driving
Given the opportunity you should first speak with your lawyer before speaking to the Police and answering questions.
In some cases it is a good idea to speak fully and frankly to the Police. In some cases it may not be such a good idea. An experienced criminal lawyer will help you make the right decision.
Further information
Contact our Managing Partner, Dominic Wilson on (02) 8268 4000 or by email at dwilson@craddock.com.au for friendly professional service. Dominic will direct you to an experienced criminal lawyer who can assist you.
Lawyers:
- Dora Maddock
- Dominic Wilson
Financial Support
Married couples, and now de facto couples, have a legal obligation under the Family Law Act to provide financial support to one another. If that financial support is not forthcoming, then either party to a marriage or de facto relationship is entitled to apply to a Court for orders that the other party pay maintenance to them.
Usually, a Court will not make orders for spousal/de facto maintenance unless the parties have separated, or otherwise there is some very good reason why it ought to.
There are two general requirements in order to succeed in a claim for maintenance. Firstly, the Applicant has to to establish a need. This is done by demonstrating that the Applicant’s income, having regard to their property and whether they are working to their capacity, is exceeded by their reasonable weekly expenses. If for instance a party makes him or herself unemployed, or is not working to capacity, then this can cause problems establishing the need component.
Secondly, the Applicant must demonstrate that the other party has the capacity to pay maintenance.
Establishing need and capacity is done through each party preparing a Financial Statement form. A Financial Statement sets out the average weekly income, average weekly expenses, assets, liabilities, financial resources and superannuation of each party.
Apart from filing Financial Statements in Court proceedings, each party then has an obligation to verify their financial circumstances.
A party opposing a spouse/de facto maintenance claim may argue the Applicant has resources at his/her disposal or is not earning to capacity, or that the opposing party does not have the capacity to pay.
The question often arises that if a claim for spousal/de facto maintenance can be established, how will it be paid? A Court can order maintenance to be paid periodically. If it does so, it is most commonly for a fixed period of time to allow a party to retrain and re-establish him/herself in the workforce. The alternative is for maintenance to be paid by way of a lump sum. This is often tied up with a property settlement whereby a party may receive a greater proportion of the net assets than they would otherwise be entitled to receive.
If a Court decides to order maintenance to be paid on a periodic basis it will calculate the need of the Applicant, and then look to the other party’s capacity. The amount to be paid may be limited to the paying party’s excess income over weekly expenses.
If a Court is contemplating financial support to be paid by way of a lump sum then a number of different approaches can be taken, depending upon what net assets the parties have. One approach might be to quantify the weekly need of the Applicant and then work out what this represents over a period of a few years, and then give that party an additional lump sum out of the net assets in that amount. In the alternative, it may be appropriate to take a general approach and determine that the party in need of support receive an arbitrarily assessed additional percentage of the net assets taking into account their need.
For assistance with Family Law matters, phone Dominic Wilson, Managing Partner of Craddock Murray Neumann, on (02) 82684000. We have Family Lawyers who are certified by the Law Society of New South Wales as Accredited Specialists in Family Law.
Debt Recovery, Bankruptcy & Insolvency Law
Craddock Murray Neumann Lawyers has a diverse and expanding practice which delivers quality legal services in debt recovery, bankruptcy and insolvency law. Our team of senior litigators, headed by Julian van Leer, can provide sound, practical advice on potential remedies, the costs and the risks involved in protecting your legal rights.
Debt recovery
As a provider of debt collection services to major corporations, insurers, government departments, company liquidators, bankruptcy trustees and private litigants, we have conducted thousands of matters in the Local, District, Supreme and Federal Courts and numerous bankruptcy and company liquidation actions - from relatively simple debt recovery matters through to complex money claims arising from building disputes, taxation liabilities, insurance premium disputes, consumer law claims, money-lending transactions, claims for work done, damages claims etc.
We have also acted for clients who are the subject of Independent Commission Against Corruption (“ICAC”) hearings in which large debt recovery actions have followed, sometimes involving out-of-jurisdiction assets.
Bankruptcy and Insolvency
In addition to our extensive debt recovery practice we also provide expert advice to people and organisations regarding bankruptcy and insolvency. We have significant experience in this field of law and have acted in numerous matters for debtors and for creditors.
Our services include:
- obtaining default judgments
- conducting defended hearings
- covering costs
- drafting and enforcing
- deeds of release,
- security documentation, e.g. mortgages, guarantees, fixed and floating charges
- enforcing judgments (writs, garnishees, examinations, instalment orders etc)
- litigation over guarantees, mortgages, charges, property interests
- insolvency law:
- company winding up
- bankruptcy
- post-liquidation/bankruptcy actions e.g. creditor’s meetings, voting, proofs of debt, examination of bankrupts and company officers
- making and defending claims for “clawing back” assets, preferences, void dispositions and insolvent transactions ASIC investigations
- recovery of assets
- setting aside voidable transactions
- acting for liquidators and trustees in relation to examinations of directors and bankrupts
- if you are in business or are facing creditors, advising you on your risks and liabilities;
- obtaining urgent Court orders to preserve assets/”Mareva” Injunctions
- litigation over breaches of directors duties
- Trade Practices and Fair Trading Acts claims
- Industrial Relations Act matters including re-writing unfair contracts
- negotiated settlements/mediations.
Further information
Contact our Managing Partner, Dominic Wilson on (02) 8268 4000 or by email at dwilson@craddock.com.au for friendly professional service. Dominic will direct you to an experienced lawyer to assist you.
Lawyers:
- John Koumarelas
- Khaled Metlej
- Julian Van Leer
Same Sex Relationships
Same sex couples are able to enter into financial agreements in similar terms to opposite sex de facto couples, under the provisions of the Family Law Act. Similarly in the absence of a financial agreement, on the breakdown of a same sex de facto relationship, the same legal technical methodology is applied to determine a financial settlement as in marriage cases.
There is no restriction on same sex couples starting their own families, whether it be a lesbian couple accessing in vitro fertilisation treatment, donor insemination at a clinic, or using a home procedure for donor insemination. However, in New South Wales same sex couples cannot adopt a child as a couple, but individual gay and lesbian people can adopt children. Otherwise there is no restriction on gay and lesbian couples becoming foster parents.
As to surrogacy agreements in NSW, the Assisted Reproductive Technology Act 2007 prohibits commercial surrogacy agreements (section 43) and also provides that a surrogacy agreement is void (section 45). This law also applies to same sex couples.
The family unit can take different forms depending upon the social and cultural background of the parties involved. For instance, within some cultures, including Aboriginal or Torres Strait Island or Maori cultures, a traditional form of adoption exists whereby a new- born child may be surrendered to the care of aunts or uncles or other relatives. Within the gay and lesbian community it is not uncommon for lesbian couples to have children through assisted reproductive technology or gay male couples to have children through informal surrogacy arrangements. Co-parenting arrangements also exist where, for instance, a lesbian couple may co-parent a child with either a single male, or a gay male couple. How the arrangements work is often sorted out between the parties themselves, however it is recommended that prior to any co-parenting arrangements being entered into, the parties seek independent legal advice and perhaps pursue counselling.
When a same sex couple considers starting a family, it is recommended they seek independent legal advice on the status of each party as legal parent, and how parental responsibility is to be shared.
Currently same sex marriage is unavailable in Australia. It is available in Canada, the Netherlands, Belgium, Spain, South Africa, Argentina and Mexico. It is also available in a few states in the United States of America.
In 2003 the Marriage Act was amended to introduce a definition of the word “marriage”. The definition restricts “marriage” to a union between a man and woman only. In addition, a new provision was added to the Marriage Act which expressly does not recognise overseas same sex marriages. This creates a curious state of affairs for same sex couples resident in Australia who married overseas. If their marriage relationship breaks down they would not be able to obtain a divorce in Australia since the marriage is not recognised in this country in the first place. It would seem that in such a case they would need to seek a divorce in the country where they were married in the first place, provided that divorce for same sex couples is available in the jurisdiction where they married, and that they otherwise fulfil the jurisdictional of requirements before being able to obtain a divorce in that country.
For assistance with Family Law matters, phone Dominic Wilson, Managing Partner of Craddock Murray Neumann, on (02) 82684000. We have Family Lawyers who are certified by the Law Society of New South Wales as Accredited Specialists in Family Law.
Assets, Business Structures & Risk Analysis/Advice
Through our work in business law, the team at Craddock Murray Neumann has extensive experience in structuring businesses.
The law treads a fine line between making people liable for the consequences of their actions – e.g. the law of negligence – and encouraging enterprise and risk taking – e.g. allowing business people to use companies to limit liability and discretionary trusts to distribute wealth when it has been created.
The framework which the law provides to encourage entrepreneurial activity and to structure the holding of assets, allows us in conjunction with your accountant to give practical advice based on years of experience on the following:
- limited liability (Pty Ltd) companies
- corporate structures
- estate planning
- structures for the holding of assets and distributing income
- insurance
- discretionary trusts
- superannuation
- indemnities
- guarantees
- securities
Our work in insolvency law also gives us an in-depth knowledge of the risks which those in business face.
If you are in business, partner Julian van Leer and his team of senior solicitors are available to advise you on:
- the risks company directors and partners face
- the risks posed by the law of negligence and government regulation
- contractual and fiduciary liability
- liabilities of guarantors, mortgagors etc.
Many of these risks will depend on the industry you work in.
We can also put you in touch with accountants, licensed financial planners, highly experienced and good-value barristers, company liquidators, bankruptcy trustees and other specialists.
Further information
Contact our Managing Partner, Dominic Wilson on (02) 8268 4000 or by email at dwilson@craddock.com.au for friendly professional service. Dominic will direct you to an experienced lawyer who can assist you.
Lawyers:
- Nick Houen
- Julian Van Leer
Administrative/Government Law
At Craddock Murray Neumann Lawyers we have a team of highly qualified administrative lawyers with many years of experience in advising government and private clients about rights to challenge government decisions. Headed by Julian Van Leer, our team’s experience in this field is comprehensive and is usually only found in the large CBD law firms. Our team includes lawyers with public sector experience at senior levels.
We currently work for a number of large clients in this field, and are on the panels of a major insurance company, a number of State and Commonwealth Government departments and some highly successful private companies which rely on government licenses to operate their businesses.
We provide advice and representation on a variety of matters where the statutory framework determines rights and obligations.
Our work for private individuals has included matters where medical procedures and health issues were involved, work for educational institutions challenging government decisions relating to their operations, and numerous decisions challenging the exercise of discretions by government.
The services we provide in this field include:
- challenging government/departmental decisions where:
- “natural justice” has been denied, or
- unfair decision making processes have been adopted
- anti-discrimination cases
- equal opportunity cases
- Freedom of Information
- other areas covered under our commercial and immigration practices
As a medium sized firm we have the skills and experience to provide sound advice and representation and value for money. Our lawyers work to ISO (International Standard Organisation) approved quality standards.
Further information
Contact our Managing Partner, Dominic Wilson on (02) 8268 4000 or by email at dwilson@craddock.com.au for friendly professional service. Dominic will direct you to an experienced business and commercial lawyer who can assist you.
Lawyers:
- Nick Houen
- Julian Van Leer
Intellectual Property
The field of intellectual property is becoming increasingly complex. Businesses and individuals need to protect their right to intellectual property and understand the options available to them to do so.
At Craddock Murray Neumann we can assist with advice on protecting intellectual property and on reducing the risk of infringement. We also provide legal representation in the event of a breach of intellectual property rights.
We provide advice on:
- copyright protection
- patents
- designs
- trademarks
- business names
- licensing and assignments
- IT contracts
- franchising
- litigation arising from infringement of intellectual property rights
- confidential information
Further information
Contact our Managing Partner, Dominic Wilson on (0... or by email at dwilson@craddock.com.au for friendly professional service. Dominic will direct you to an experienced lawyer who can assist you
Lawyers:
- Dominic Wilson
Conveyancing & Property Law
Buying or selling a residential or commercial property is a significant commitment. For some people it is the most significant transaction they will ever undertake.
The Property lawyers at Craddock Murray Neumann have been acting for purchasers and sellers of residential and commercial property for over twenty years. They will:
- explain the issues involved in the sale or purchase of your property
- explain the difference between buying or selling by Public Auction or Private Treaty
- tell you what costs are involved including stamp duty
- advise you about your Contract for Sale
- advise you about and negotiate special terms and conditions for the sale or purchase of your property
- attend to your lenders' requirements
- organise searches and enquiries to ensure you get what you think you are buying
- ask the seller the right questions about the property being sold
- organize settlement
Our property and conveyancing services include:
- Torrens Title
- old system conveyancing
- company title
- rural land
- commercial and industrial leasing
- residential leasing
- leasing disputes
- easements, covenants and disputes over easements
- property development and associated aspects such as:-
- Land & Environment Court Appeals and Applications
- liquor licensing and conveyancing
- sale and purchase of business
- Strata Title disputes
Further information
Contact our Managing Partner, Dominic Wilson on (02) 8268 4000 or by email at dwilson@craddock.com.au for friendly professional service. Dominic will direct you to an experienced property and conveyancing lawyer who can assist you.
Lawyers:
- Nick Houen
Negligence Law
Craddock Murray Neumann Lawyers has a diverse and expanding practice which delivers quality legal services in negligence law including:
- “insurance declined” matters
- negligence by professionals (such as medical professionals)
- negligent injury to and interference with property interests
- all other negligence claims.
Our highly experienced and accomplished lawyers are experts in this area who can identify the key elements of a case and assess whether or not the matter is viable. They take a personal interest in thoroughly preparing each matter using our ISO quality accredited systems. Our firm has established a network of professional contacts who can provide advice and assistance as required, and can call upon experts including engineers, architects, IT experts, surveyors, builders, and a wide range of other professionals to help develop, prosecute or defend a case.
One of the advantages to using Craddock Murray Neumann is the level of expertise our team has in the research and preparation of cases – therefore ensuring they have adequately covered all of the relevant issues and can identify the key points quickly and effectively. This preparation saves clients time and money and allows our team to predict the range of damages which can be recovered – something which is vital particularly if your claim is to be settled by negotiation.
Loss and damages claims
If someone has caused you loss or damage we can help you to investigate your rights and recover compensation from the person who is legally liable.
We can provide you with legal advice and representation if you have:
- a claim arising from a loss you suffer as the result of something which someone else should (or should not) have done
- suffered loss as a result of the carelessness of another person – for example, a negligence claim
- suffered loss as a result of a government department failing to carry out a statutory duty
- suffered loss because an insurance company refused to pay a claim .
We have many years experience in recovering damages payouts and enforcing judgments. In some cases, we will consider acting on a “no win no fee” basis - conditions apply.
We have many years experience in acting for and against insurance companies and professionals in litigation arising from negligence by professionals.
Further information
Contact our Managing Partner, Dominic Wilson on (02) 8268 4000 or by email at dwilson@craddock.com.au for friendly professional service. Dominic will direct you to an experienced litigation lawyer who can assist you.
Lawyers:
- Julia Sweeney
- Dominic Wilson
Medical & Health Law
At Craddock Murray Neumann Lawyers we offer expert advice and representation in the field of medical and health law.
Our experienced team of lawyers includes Julia Sweeney, a litigator who previously worked in the medical/health industry where she gained postgraduate qualifications in nursing, health management and emergency medicine and seven years’ clinical experience. Julia has acted in numerous Court actions where her knowledge of medical procedures and ability to source evidence about those procedures has proved invaluable, including inquests and disciplinary matters involving medical practitioners and health professionals - cases drawing on Julia’s skills as a lawyer, her forensic and investigatory skills and her medical knowledge. In recognition of her medico-legal experience, Julia has now been appointed as a member of the St Vincent’s Hospital Health Research Ethics Committee.
We can provide advice and representation in the following areas:
- privacy of information issues
- advice on medico-legal issues including access to clinical records, etc
- Inquests/coronial enquiries
- issues regarding care received
- ICAC enquiries
- disciplinary enquiries e.g. into misconduct by medical professionals and health workers etc.
The team at Craddock Murray Neumann will ensure clients are given practical and realistic advice. In doing so we aim to help clients understand their legal rights and obligations - whether as a health professional or as a patient, or recipient of health care.
Our lawyers work hard to ensure that they keep our clients informed of developments in their case. We also take pride in the fact that all cases are properly investigated, researched and prepared before proceeding, and that clients are fully briefed on the potential costs of a matter and the results they can expect.
Further information
Contact our Managing Partner, Dominic Wilson on (02) 8268 4000 or by email at dwilson@craddock.com.au for friendly professional service. Dominic will direct you to an experienced medical and health lawyer who can assist you.
Lawyers:
- Julia Sweeney
- Dominic Wilson
Insurance Law
Craddock Murray Neumann Lawyers has a diverse and expanding practice which delivers quality legal services in insurance law matters.
We have many years of experience in acting for and against insurance companies in litigation and can assist with cases arising from a wide variety of insurance contracts, including:
- insurance protecting against loss or damage caused by negligence
- professional negligence/indemnity insurance - policies protecting the policy holder, their clients and other consumers from the negligence of a professional
- life insurance and income protection contracts
- insurance protecting against injury to property interests
- assisting the insured where an insurer denies liability under a “trauma insurance” policy
- acting for insurers and employers in disputes about workers’ compensation insurance premiums etc.
Our lawyers are tough litigators. They are also expert negotiators and can provide you with practical and realistic advice about when to pursue a matter and when to settle. Our expertise lies in reviewing "liability declined" decisions, negotiating settlements and mediation, assessing the range of damages available, litigating contested claims and alternative dispute resolution.
Insurance and loss claims
Our talented and experienced team of lawyers are also able to help you investigate your rights and recover any loss you may have incurred from the person who is legally liable.
We can provide you with legal advice and representation if you have:
- a claim arising from a loss you suffer as the result of something which someone else should (or should not) have done
- suffered loss as a result of the carelessness of another person – for example, a negligence claim
- suffered loss as a result of something a professional has done (or failed to do, or should have done differently)
- any other insurance claim.
In some cases, we will consider acting on a “no win no fee” basis - conditions apply.
Further information
Contact our Managing Partner, Dominic Wilson on (02) 8268 4000 or by email at dwilson@craddock.com.au for friendly, professional service. Dominic will direct you to an experienced litigation lawyer who can assist you.
Lawyers:
- Julia Sweeney
- Dominic Wilson
Defamation Law
Defamation is a complex area of the law, and one that is continually evolving as new technology, such as the internet, makes it easier for comments to reach the public domain.
Essentially concerned with protecting an individual against injury to their reputation, a defamatory publication or statement can take the form of libel (a permanent record of a damaging comment) or slander (usually a verbal or oral comment).
Given the subjective nature of many comments, the difficulty in proving “damage” to a person’s reputation, the technical nature of the jurisdiction and the high costs of litigation, you need an experienced lawyer who is able to provide skilled representation and who is prepared to advise you honestly on the risks involved.
At Craddock Murray Neumann, our Partner Dominic Wilson (who has more than 25 years experience) and other senior lawyers have run many successful cases for high profile Australians and others who have been damaged by defamatory conduct.
We have represented sporting personalities, members of the entertainment industry, business people and politicians – people whose reputations are essential to their standing in the community and to their careers. One of the keys to our success is that we strive to reach an early resolution in our cases in order to avoid what can often be a lengthy, drawn-out process.
Further information
Lawyers:
- John Koumarelas
- Dominic Wilson
Immigration Law
Craddock Murray Neumann has a long and distinguished record of assisting people to settle in Australia as migrants.
We provide our clients with advice and representation in relation to all classes of visa including:
- Business owner / Investor visas
- Skilled visas
- Sponsored employee visas;
- Student visas
- Family sponsorship visas
- Humanitarian and refugee visas
We also act for clients where the Department of Immigration and Citizenship has cancelled a visa.
We are referred work by business, government, community organizations, and also by the many people we have assisted over the past twenty years – more than 3000.
Our firm is also proud of its work over the years sponsored by the Department of Immigration where the Department sponsors our firm to represent:
- applicants in detention seeking refugee status
- disadvantaged people living in the Australian community in a variety of visa applications -funding under the community scheme is limited and is means and merits tested.
Our team leaders
Our senior lawyers include:
- Michael McCrudden, who holds a Master’s Degree in immigration and administrative law. Michael has extensive experience acting for employers and visa applicants in relation to skilled, sponsored employee and business visa applications, as well as applications in a wide variety of other visa classes, including refugee and humanitarian applications
- Nick Houen, who was awarded the University Medal (UTS). Before qualifying as a lawyer, Nick spent ten years as an employee of the Department of Immigration – gaining first-hand knowledge of the procedures and culture of the Department.
How we can help
We are lawyers and migration agents. Unlike migration agents who are not lawyers, we can help with:
- all of the visa applications available under Australian law
- all applications to the Migration Review Tribunal, the Refugee Review Tribunal and the Administrative Appeals Tribunal
- all applications to the Federal Court and the High Court of Australia.
Because of our legal training:
- we know how to present the facts
- we know how to argue a case
- we are able to assist our clients to make visa applications and also to challenge the validity of adverse migration decisions through the Tribunals and Courts.
Over the years our firm has won numerous applications before the Tribunals and the Federal and High Courts. For example, we took our clients all the way to the High Court of Australia in the matter of NAGV and NAGW v Minister for Immigration and Multicultural Affairs. This was a complex migration matter– and the High Court decided the case in favour of our clients in a unanimous 7-0 decision.
We advise honestly and openly about the prospects of a case. Visa applicants and business people need to know whether their application will have reasonable prospects of success, and whether they are wasting their money pursuing something which will never be obtained.
Whatever visa class you are seeking, at Craddock Murray Neumann we can advise you of the requirements and represent you so as to maximize your chances of gaining your visa.
As noted above, we also help disadvantaged people through funding provided by the Department of Immigration. Funding is limited. We might be able to help you if you:
- are living in Australia and;
- believe you might have a strong case - a merits test applies and;
- cannot afford a lawyer - a means test applies.
Business visas
Business visa applications are very complicated and technical. It is expected that all applicants will be able to provide sound evidence to support:
- their claims in relation to their business/investment career
- their holding in a business(s) or investment(s)
- their personal and business assets
- their reason for coming to Australia, i.e. to set up a business or invest.
If an applicant is not able to secure a permanent resident business visa, they may nevertheless be able to qualify for the provisional visa, which can be used as a pathway to permanent residence.
In order to be granted a business visa it is usually necessary for the applicant to be under 45 years of age or 55 year of age if the visa application is sponsored by a State government. English language proficiency is also a requirement for some business visas.
Business visas can be divided into the following categories:
Business owner/Business Talent visas
These visas can be granted to people who:
- have held ownership interests in a business with a large turnover during at least the last 2 years
- have had an overall successful business career
- have significant funds available to support themselves and their family in Australia.
The business talent visa also requires the visa applicant to have an interest in an Australian business with Australian employees, and is subject to a points test.
Senior Executive visa
This is a permanent visa. This visa allows people to continue their business career in Australia who have:
- occupied a very senior management position in a large business which has generated a turnover of at least A$50,000,000 in two of the last four fiscal years and
- personal assets in excess of $500,000
Investor visas
This category of visa requires applicants to prove that they:
- have had a successful record of managing an eligible (non-passive) investment or business, particularly during the last 3 years
- have held at least a 10% interest in this investment or business and
- have A$2,250,000 in assets to support themselves in Australia
- are prepared to deposit an additional A$1,500,000 into a designated investment for 4 years and
- intend to continue with their investment activities in Australia
Skilled visas
Skilled visas are also referred to as “points tested visas” and can be broken up into two categories, onshore and offshore visas.
Points are awarded to visa applicants based on their:
- occupation
- qualifications (with more points being available for Australian qualifications)
- experience
- English language ability
- age
- the qualifications of their spouse
Onshore skilled visas
The permanent residence skilled visas that can be granted while the applicant is onshore (in Australia) generally require the applicant to:
- have engaged in study in Australia
- have a high level of English language proficiency
- be under 45 years of age
- have their skills assessed against their nominated skilled occupation
For a “skilled independent visa”, the applicant must achieve a points score of 120, however if the applicant is sponsored by a family member, the required score is 100.
Applicants who do not achieve the required score may apply for a provisional skilled visa, which is not points tested.
These visas give the visa applicant an opportunity to work towards gaining the points they need for either a skilled independent, skilled family sponsored or skilled regional visa.3
Offshore skilled visas
For applicants who are offshore, the criteria for the permanent residence skilled visa is similar to the criteria for the offshore skilled visa. However the requirement that the applicant has studied in Australia is replaced by a requirement that the applicant has been employed for a certain period in an occupation on the skilled occupation list.
Again, for a “skilled independent visa” the applicant must achieve a points score of 120; however if the applicant is sponsored by a family member, the required score is 100.
A scheme of provisional visas also exists for offshore applicants who are not immediately able to meet the points test.
Employer sponsored visas
There are two broad types of employer visas: temporary visas, also known as 456 or 457 visas; and permanent visas, also known as “employer nomination visas”.
To qualify for the temporary visa, the applicant needs to demonstrate that:
- they are sponsored by an employer who has been approved as a sponsor
- they have been nominated in a skilled occupation
- they have the necessary skills to perform the skilled occupation
- they hold the appropriate licenses
- depending on the occupation, they have sufficient English language skills.
For the permanent visa, the applicant must demonstrate that:
- they are under 45 years of age
- they have sufficient experience and qualifications (and are often required to undergo a formal skills assessment; a formal skills assessment is rarely required for the temporary visa)
- they demonstrate sufficient English language skills, usually requiring an applicant to undergo an IELTS (English proficiency) test.
The age and English language requirement can be waived in exceptional cases.
Student visas
Student visas, as the name suggests, allow students to come to Australia for the purpose of undertaking a course of study in Australia.
In order to be granted a student visa, the applicant must demonstrate generally that:
- they are enrolled in a course in Australia
- they have sufficient financial resources to support them while they are studying; the extent of the financial resources will depend primarily on the nationality of the student.
It is very important when considering which course of study to take in Australia, that you are aware of the occupations which are currently on the skilled occupation list. By tailoring your education towards these skilled occupations, student visa holders are often able to go on and secure permanent residence in Australia.
Family Migration
Under the family migration category, people can sponsor their partners and dependent children. It is also possible to sponsor an interdependent partner.
This category also allows the sponsoring of other family members such as: parents, last remaining relatives and aged dependent relatives.
You can also sponsor family to migrate to Australia to care for an Australian who is disabled.
We can advise you on the detailed requirements for these visas.
Humanitarian and Refugee visas
The humanitarian program includes refugees and those with special humanitarian needs.
If a person has experienced (or fears) serious harm in their country of origin, they are outside their country of origin and they have a family member or organization in Australia who is prepared to support them, they may apply for resettlement in Australia. If their application is successful, they are to likely be granted permanent residence.
For those who are on-shore, in order to be granted a protection visa they must demonstrate that:
- they meet the definition of a refugee contained in the United Nations Refugee Convention and the Migration Act – this requires them to have a well-founded fear of persecution
- the persecution has to result from one or more of the 5 grounds listed in the definition, that is race, religion, nationality, membership of a particular social group, or political opinion.
If an application for a protection visa is granted, the applicant may be granted either a temporary or permanent protection visa. Whether or not they qualify for the permanent visa will depend on a number of things, including how the person came to Australia.
- We charge competitive rates for the work we do
- We provide:
- high quality service
- experienced and skilled lawyers
- honest advice so that our clients do not waste money pursuing a claim which has no chance of success
- an up-front estimate of fees, and in most cases, fixed or capped fees.
If you wish to find out more about our services, or want a quote on our fees, please contact us.
From 1 March 2003 it is compulsory for agents giving migration advice to publish and give this attachment to all parties seeking immigration advice.
Lawyers:
- Vanessa Downing
- Nick Houen
- Michael Mc Crudden
- Julian Van Leer
Employment & Industrial Law
At Craddock Murray Neumann, partner Dominic Wilson has had over 25 years experience in providing advice and representation to both individuals and corporate clients on employment issues.
In a field of law where parties generally do not properly document their relationships, and where disputes can easily arise, you need a lawyer who is a tough negotiator and who is familiar with the frequent changes in the law and can provide you with sound advice. You also need a lawyer with the experience to represent you in the various Tribunals and Courts if the dispute cannot be resolved by negotiation and agreement.
The services we provide include the following:
- employment agreements
- redundancy
- unfair dismissals
- anti-discrimination matters
- industrial safety matters
- applications to review unfair working arrangements (Section 106 applications)
Further information
Contact our Managing Partner, Dominic Wilson on (0... or by email at dwilson@craddock.com.au for friendly professional service. Dominic will direct you to an experienced business and commercial lawyer who can assist you.
Lawyers:
- John Koumarelas
- Dora Maddock
- Dominic Wilson
Litigation
Craddock Murray Neumann Lawyers has a diverse and expanding litigation practice that delivers quality services to individuals, corporate and government clients. Our lawyers are highly experienced and we have established a solid reputation as tough and skilled litigators.
At Craddock Murray Neumann we are able to undertake proceedings in all Courts and jurisdictions, representing both plaintiffs and defendants, as well as offering assistance with negotiation, mediation and alternative dispute resolution, and representation in enquiries such as inquests or ICAC enquiries.
Our general litigation team is headed by Dominic Wilson who has over 25 years of experience. Dominic is a tough litigator and an able negotiator.
Dominic is assisted by Julia Sweeney, a former registered nurse with a real skill for forensic investigation, and others such as Dora Mattock. The depth of experience of our senior lawyers allows us to efficiently identify the key issues, research the case, draft the relevant documents and locate experts. Over the years we have developed a strong network of contacts, including barristers, forensic accountants, builders, architects, engineers, actuaries and professionals in many other fields to provide both expert testimony and the analysis required to identify lines of enquiry to support a case.
Litigation is risky. What we can do to minimise the risks is to provide lawyers who:
- take a personal interest in thoroughly preparing each matter using our ISO quality accredited systems
- have the reputation to be taken seriously by the opposing party
- have the experience, judgement, imagination, and insight to find the best path through the process
In some cases, we will consider acting on a “no win no fee” basis - conditions apply.
In addition to litigation expertise, our lawyers also have experience in fields of work that include emergency medicine and nursing, accounting, teaching/education, travel and hospitality, government services, business, sport and primary industries – a range of expertise that broadens the outlook of our lawyers and provides particular skills to assist in the preparation of cases.
Our litigation services include (click on the links below for further information) :
- insurance and loss claims and “Insurance declined” matters
- medical and health enquiry matters
- negligence claims arising from a loss you suffer as the result of something which someone - including a professional - should (or should not) have done
- criminal defence work
- disputed estates/contested wills
- family law
- property disputes, including conveyancing issues and claims arising from injury to/interference with property interests and other rights
- debt recovery
- insolvency law litigation
- all types of Commercial litigation including:
- breach of contract cases
- breach of trust cases
- disputes about security interests
- litigation over guarantees, charges, mortgages etc
- intellectual property disputes
- trade practices disputes
- building law matters
- enquiries including inquests, ICAC enquiries etc.
- administrative law litigation arising from actions by government departments.
- Court of Equity litigation arising from:
- breach of trust
- unfair contracts, undue influence, fraud, unconscionable conduct
- dissolution of partnership proceedings.
Further information
Contact our Managing Partner, Dominic Wilson on (02) 8268 4000 or by email at dwilson@craddock.com.au for friendly professional service. Dominic will direct you to an experienced litigation lawyer who can assist you.
Lawyers:
- Dora Maddock
- Khaled Metlej
- Julia Sweeney
- Dominic Wilson
Building Law
The team at Craddock Murray Neumann provides a number of services for both builders and property owners that arise from issues concerning building and construction law.
We can provide advice during the contract drafting process that will help to reduce the possibility of a dispute and clarify the potential issues.
If you are a builder we can prepare a contract on your behalf that will protect your rights and ensure your payment schedule before the project commences. If you are not being paid, or someone is suing you, we can help too.
If you are engaging a builder, we can provide advice on the contract as well as on your rights and obligations – and it is always best to get advice BEFORE you sign the contract. And, if you believe that your builder has not done the job properly, we have lawyers experienced in building law cases that can negotiate, or if necessary, litigate on your behalf.
Building and construction contracts and building law litigation can be very complex. Projects are subject to numerous external factors. Given the importance of these contracts and the potential expense in resolving disputes, if you are involved in a building project or a dispute, you need sound, practical legal advice that you can rely on.
The services we provide include the following:
- advising on building contracts
- drafting contracts
- advising and representing clients with respect to development requirements
- resolving disputes for builders
- resolving disputes for home owners
- mediation and alternative dispute resolution services
- recovery of damages
- recovery of payments due under contract
Further information
Contact our Managing Partner, Dominic Wilson on (02) 8268 4000 or by email at dwilson@craddock.com.au for friendly professional service. Dominic will direct you to an experienced building lawyer who can assist you.
Lawyers:
- Nick Houen
- John Koumarelas
Consumer Credit Law
Consumer credit law is an important field of law that regulates the provision of credit to consumers of goods and services and also includes chattel (goods) mortgages, personal loans and the law relating to credit cards. Given the costs and risks in borrowing money, it is essential that you have access to reliable legal advice to protect you in a dispute.
Led by Julian Van Leer, the consumer credit lawyers at Craddock Murray Neumann have gained significant expertise in this field over the years, protecting businesses, farmers and individual consumers. In fact, the firm has been involved in landmark litigation against a major credit provider that resulted in the government amending the credit laws in this field.
The team can provide expert advice and representation to clients with regard to:
- enforceability of contracts subject to the Credit Act
- contract disputes
- litigation arising out of alleged breaches of the Act
- Trade Practices Act disputes
- cases where unfair practices are alleged.
Further information
Contact our Managing Partner, Dominic Wilson on (02) 8268 4000 or by email at dwilson@craddock.com.au for friendly professional service. Dominic will direct you to an experienced lawyer who can assist you.
Lawyers:
- Julian Van Leer
Media & Entertainment Law
Together with our alliance partners, the team at Craddock Murray Neumann has acted for many clients in the media and entertainment industry, assisting organisations and individuals in the areas of:
- publishing
- broadcasting and communications
- new media
- theatre
- television
- advertising and marketing
Most importantly, we understand the need to keep abreast of changes to legislation, and to have the skills to deal with the complex issues that can arise. Our lawyers have numerous contacts in the media and entertainment industries and over the years we have earned a reputation for achieving good results for our clients – and within their budgets.
Some of the cases we have run in this area include:
- contract negotiation
- contractual disputes
- copyright and intellectual property
- privacy issues
- pre-publication and defamation
- trade practices issues
Further information
Contact our Managing Partner, Dominic Wilson on (02) 8268 4000 or by email at dwilson@craddock.com.au for friendly professional service. Dominic will direct you to an experienced media and entertainment lawyer who can assist you.
Lawyers:
- Dominic Wilson
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