FREQUENTLY ASKED QUESTIONS

Frequently asked questions

General

1. What is an Australian 'Skilled Independent Visa (subclass 189)? This visa is for invited workers, eligible New Zealand citizens and eligible Hong Kong or British National (Overseas) passport holder with skills we need, to live and work permanently anywhere in Australia.

2. Can I apply for a Skilled Visa from outside Australia?

You can be in or outside Australia when you submit your EOI. You can either be in Australia or overseas when you apply for a Subclass 189 Skilled Independent Visa.

3. Is there any age limit in applying for student visa?

There is no age limit on applying for a student visa for Australia.

4. How long is the process for partner visa?

If you are the partner of an Australian citizen, permanent resident, or an eligible New Zealand citizen (see below for details on who is an eligible New Zealand citizen), you may be able to apply for an Australian Partner visa. Partner visas can also be referred to as a “spouse visa” or “de facto visa”.

5. Is the Eligibility Assessment an application for a visa?

Australian Skilled Independent Visa (subclass 189) The following eligibility test is to gage whether or not you are eligible to apply for the 'Australian Skilled Independent Visa. 

1. What do I need to know about real estate contracts? An agent does not really represent anyone. The seller of real estate is represented by their lawyer, and the buyer of real estate is represented by their lawyer. The agent is really a broker, whose role it is to introduce potential purchasers to a client’s property in return for a fee.

2. What is the first thing I need to know about conveyancing?

Conveyancing is a legal and adversarial process

First, real estate sales and the conveyancing transaction are legal processes, and legal processes in Australia are generally adversarial – in other words, it’s you versus everyone else who is involved in the transaction.

3. Should I see a lawyer before or after signing a Contract? We strongly recommend coming to see us before you sign a Contract. We will take the time to review the Contract and advise you of your obligations. At this time, you can also advise us of any concerns you have about the property so we can conduct any necessary searches required. 

4. What does unconditional mean? The Contract becomes ‘unconditional’ when all the relevant conditions (i.e. finance/inspections) have been satisfied. The only step remaining in the conveyancing process at this point would be settlement. 5. Do I need to attend settlement?

You are not required to attend settlement; we will do this on your behalf. We discuss the settlement process with you in more detail once your contract becomes unconditional.

1. Who's responsible a guide to common property?

Your strata community is responsible for the repair and maintenance of the common property.

2. How can OC act protect me by a strata lawyer?

The strata laws provide the rights of owners, occupiers, and strata community. If you have a strata community issue, please contact us to provide you with your legal options.

3. What are the rules in common property?

Your strata community would have default rules imbedded in your strata laws. To determine discuss rules being enforced please contact us for legal guidance.

4. Where can I ask help regarding building defect?

A builder is required to rectify structural defects up to 10 years from the date of the occupancy permit. You should first determine if you are still within the time limit to pursue the builder, then contact us for your legal options.

5. Strata and community disputes.

Request for a dispute resolution meeting to be held by your strata community. It will provide the relevant parties with an opportunity to discuss, negotiate and reach an agreed resolution to avoid costly litigation.

1. When is the right time to pursue a debt? In every State and Territory in Australia, the usual limitation time is six (6) years, except in the Northern Territory where it is three (3) years. If you want to legally enforce your rights in the courts, then you must commence legal action before this time or you may lose your legal right of recovery. 2. What are the advantages of using an external debt collection service? * Successful debt recovery * Flexibility * Documentation * People pay faster

3. What are my obligations as a creditor?

A debtor is a person or other legal entity who owes money or services to another person or company. This party to whom the debt is owed is called the creditor. The money or service that the debtor owes to the creditor is called the debt or the obligation.

4. Should I accept a progress payment plan?

You should only agree to a payment plan if the terms are reasonable based on the quantum of the debt and the length of time of the payment plan. 5. Can I refer my debtor to a debt collector if I don’t have any contact details? Yes. We could help you locate the debtor if you have minimal information about the debtor.

1. Things to consider and secure before buying a properties

Check your finances.

Map out a plan of attack.

Location is important.

The condition of the house.

Your commitment.

2. What is the advantage or benefits of buying a property with the guidance of a Property Lawyer

A property lawyer can help protect your interests. Your lawyer is one of those experts that are heavily engaged in behind-the-scenes activities. Give you a legal assistance

3. Can investors buy both residential and commercial properties?

Sure, you can invest in both with your money but renting out a residential home is a lot more work than owning a commercial property if we're thinking about maintenance and time spent communicating with tenants and such.

4. It is much better to communicate with an agent or do it directly?

If you're wondering whether you need a realtor to buy a home, the short answer is no. You might be hesitating to work with one because you don't want to be saddled with realtor fees, but typically, buyers don't pay a real estate agent's commission — sellers do.

5. When to seek a property lawyer in a home purchase transaction?

Both the buyer and seller can hire an attorney to represent their interests during the process. Or, in the case where an attorney is overseeing a closing where the home is being purchased with a mortgage loan, the attorney may actually represent the mortgage lender.

1. What does a lawyer do when it comes to building and constructing concern?

At the risk of stating the obvious, construction lawyers provide legal advice in relation to building and construction projects.  Construction lawyers have specialist knowledge about construction contracts, and they will be able to advise in relation to issues that can arise out of construction contracts - for example, in relation to defects, delays, variations and payment issues.

2. What are the facts that need to consider when building and constructing?

Choosing the right Architect to help with the Design.

Make sure your project has the right number of details.

Have your finances in place.

Have a realistic budget.

Know thy neighbors.

Always do your own research.

Selecting the right Builder.

3. What do we need to secure when planning it comes in building and constructing?

Effective secure building design involves implementing countermeasures to deter, detect, delay, and respond to attacks from human aggressors. It also provides for mitigating measures to limit hazards to prevent catastrophic damage and provide resiliency should an attack occur.

4. Who issues building permit in Australia?

The building surveyor can decide to issue a building permit with or without conditions. The building permit issued may be a permit for the whole of the proposed building work or for a stage of the proposed building work. You need to apply through your choice of a municipal or private building surveyor.

Pay a fee, Building Permit levy and submit at least 3 copies of drawings and specifications, along with allotment and completed application form and other prescribed information.

5. Do we always need to seek for an approval before the work?

Unless exempt, all building work requires a building approval (BA).

A BA makes sure the proposed building work conforms with the requirements of the Building Act building code, including that the building will be structurally stable.

For work that needs a BA, the landowner must appoint a licensed  building surveyor as the building certifier. The building certifier decides whether to issue the BA. If you are the landowner, it is first your responsibility to ensure the appointment of a building certifier. You can also authorize someone else in writing to appoint a certifier on your behalf.

If building work must be carried out by a licensed builder, the builder you appoint will also need to apply to the building certifier and be given a commencement notice before the building work starts.