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New! Priority Migration Skilled Occupation List

New! Priority Migration Skilled Occupation List

A new Priority Migration Skilled Occupation List (PMSOL) was announced on 2  September 2020.

Occupations

This list aims to support Australia’s economic recovery after COVID-19 based on advice from the National Skills Commission and consultation with relevant Commonwealth agencies, and comprises:

  • 111111: Chief Executive or Managing Director
  • 133111: Construction Project Manager
  • 233512: Mechanical Engineer
  • 253111: General Practitioner
  • 253112: Resident Medical Officer
  • 253411: Psychiatrist
  • 253999: Medical Practitioner nec
  • 254111: Midwife
  • 254412: Registered Nurse (Aged Care)
  • 254415: Registered Nurse (Critical Care and Emergency)
  • 254418: Registered Nurse (Medical)
  • 254422: Registered Nurse (Mental Health)
  • 254423: Registered Nurse (Perioperative)
  • 254499: Registered Nurses nec
  • 261312: Developer Programmer
  • 261313: Software Engineer
  • 312911: Maintenance Planner

The PMSOL will be reviewed and updated regularly depending upon its impact and changes in the economy.

Exemptions and Priority Cases

Offshore visa holders who have been sponsored by an Australian business in a PMSOL occupation can request an exemption from Australia’s travel restrictions but will be subject to a strict 14 day quarantine period on arrival at their own expense. [...]  READ MORE →

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Tougher Labour Market Testing and Nomination requirements due to COVID

New! Tougher Labour Market Testing and Nomination requirements due to COVID

The Australian Government has recently taken steps to protect job opportunities for Australians in response to the COVID-19 pandemic and fill gaps in critical sectors.

New Rules

As a result, current labour market testing requirements(LMT) have been enhanced to ensure that Australian workers are prioritised for job opportunities in Australia.

Specifically, a new legislative instrument has been introduced and requires any future nominated positions to be advertised on the Government’s Jobactive website. [...]  READ MORE →

Simone Brew
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Simone Brew appointed Managing Director of Matthews Folbigg Lawyers

1 September 2020

Matthews Folbigg Lawyers is delighted to announce the appointment of our new Managing Director, Simone Brew. Simone is the head of the firm’s Litigation, Planning and Local Government groups.

Matthews Folbigg Lawyers is the premier medium sized firm in Western Sydney, based in Parramatta, with 8 practice groups and over 60 lawyers and legal service professionals. This is the first time in the firm’s 60 year history that the firm has had a female Managing Director. Even more notably the firm is owned 50% by our experienced female lawyers. [...]  READ MORE →

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Recovering costs for debt collection services

Recovering costs for debt collection services

Fees and costs, including legal costs and costs for third party debt collection services can only be collected from a debtor if there is an agreement between the creditor and debtor providing for those costs to be payable to the creditor. Attempting to recover costs in the absence of a clause in the relevant agreement can be misleading deceptive and conduct in contravention of section 18 of the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)), section 154 of the National Credit Code (Schedule 1 of the National Consumer Credit Protection Act 2009 (Cth)) as well as Section 12DA of the Australian Securities and Investments Commission Act 2001 (Cth) (“the ASIC Act”). [...]  READ MORE →

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Can your Affair End in a Property Settlement? Family Law Lawyers Delve Into This

If you’re having an affair, something that you may want to consider is whether the person you are having an affair with can claim your property after the relationship breaks down.

Firstly, your family law lawyers will need to consider whether your affair amounts to a de facto relationship. Considerations include the duration of the relationship, whether you have lived together, whether you attend events together socially, and whether you depend on each other financially.

The case of Jonah v White (2011) considered whether someone you are having an affair with can amount to a de facto relationship. In this case, the Husband (H) had a 17 year long affair with a woman (Ms J). During the affair, H continued to live with his wife and three children. Family law lawyers for Ms J argued that the relationship she had with H amounted to a de facto relationship under the Family Law Act. [...]  READ MORE →

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A Will Lawyer’s Advice relating to Capacity to make a Will

A Will Lawyer’s Advice relating to Capacity to make a Will

Can a person without capacity have a will made for them?

If a person does not have testamentary capacity, that is the mental ability and understanding to make a will, the Court has the power to make a Will for that person.

What if a person makes a will beforehand and later loses the ability to change it due to mental impairment?

Consider the following scenario. A person has made a will which leaves all their assets to their spouse. If a few years later this person permanently separates from their spouse and forgets to change their will and some time later they become mentally impaired, they will no longer have the capacity to alter their will. If this person were to die, their previous spouse would receive all their assets. No assets would be given to the person’s children or other important people that the person would have intended to have mentioned in their will if they had the capacity to change it. [...]  READ MORE →

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COVID-19 – Financial Assistance for NSW Businesses

COVID-19 – Financial Assistance for NSW Businesses

NSW businesses may be able to access one or more of the financial assistance packages offered by the NSW Government (excluding relief already provided by the Commonwealth) including:

Electricity

In brief, energy businesses servicing NSW are expected to:

  • offer payment plans/hardship arrangements to all residential and small business customers under financial stress
  • not disconnect any customers under financial stress without their agreement before 31 July 2020 (and potentially later)
  • not disconnect any large business customers without their agreement if the customer is on-selling to residential and small business customers
  • delay debt collection until 31 July 2020
  • modify existing payment plans
  • waive fees such as disconnection, reconnection and contract break fees for small business that have ceased operation until at least 31 July 2020
  • prioritise safety of customers who require life support
  • maintain up-to-date communications with customers regarding the above
  • minimise outages

What you can do when you are under financial distress:

  • negotiate with your energy provider to defer payment (without interest if possible)
  • if your electricity or gas has been disconnected, review the reasons for disconnection and discuss the situation with your retailer or a different retailer in light of the above expectations

Land Tax

Commercial and residential landlords in NSW are entitled to a reduction of up to 25% off their 2020 land tax if:

  • the land is used for business or residential purposes
  • the land is currently leased to a residential or business tenant with a turnover under $50 million
  • the residential or business tenant is in financial distress because of COVID-19 and can evidence a 30% drop in revenue for a business tenant or a 25% drop in household income for a residential tenant
  • landlords agree to reduce the rent of the residential or business tenant by (at least) the land tax reduction amount
  • land tax is directly related to the property for which rent has been reduced

Fee and Licence Relief [...]  READ MORE →

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New legislation – witnessing of documents in the COVID-19 climate

New legislation – witnessing of documents in the COVID-19 climate

NSW Government has passed the Electronics Transactions Amendments (COVID-19) Witnessing of Documents Regulation 2020.

This makes it possible – temporarily – to complete important legal matters by means of an audiovisual link as long as specified declarations and certifications and other procedures are strictly followed. The measure applies for a six month period commencing 22 April 2020 unless extended by Parliament.

It remains important that documents are properly signed and witnessed. The consequences of failing to do so can render the documents ineffective and create uncertainty and additional cost. [...]  READ MORE →

Matthews Folbigg
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Code of Conduct for Commercial Tenancies – Released

By Anica Cunanan, Law Clerk at Matthews Folbigg Lawyers

Undeniably, the financial impact of COVID-19 has triggered a myriad of changes to the laws. The National Cabinet has released a mandatory Code of Conduct in relation to the commercial property sector. This sets out the principles to be applied to adjustments to rent during the COVID-19 pandemic.

The Code is based upon a series of good faith principles to be applied to commercial tenancies during this unprecedented time. It will apply to those tenants who are eligible for the JobKeeper programme, with annual turnover of up to $50 million (“SME Tenants”). [...]  READ MORE →

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The Basics of What Your Exs Company is Worth: The Balance Sheet

One way to determine what you or your former spouse’s company is worth is to instruct your divorce lawyer to engage a single expert valuer to put a dollar figure to the value of the business. Your divorce lawyer will then instruct the valuer to analyse the company’s financial statements among other things to determine the value for the purpose of your family property proceedings.

A company’s financial statements are made up of the following:

  1. Balance Sheet
  2. Profit and Loss Statements (Or Income Statement)
  3. Cash Flow Statement

 

The Balance Sheet

The balance sheet is a snap shot of a company’s accounts. It provides at a glance what the company owns and is owed. It can give an indication of the financial position of the company at a single point in time. [...]  READ MORE →

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Family Law Secretaries in Focus: Tina Skaros

After leaving high school, Tina Skaros undertook her studies at Secretarial school and has applied her skills to the legal field for the past 35 years. Tina has been a secretary for divorce lawyer Carolyn Munk for over 22 years and together they have worked as a team at Matthews Folbigg Lawyers in the Family Law Group for over 11 years. Tina is often the first point of contact for Carolyn’s clients and has developed exceptional communication and organisational skills. Tina has worked predominately in Family Law and prepares Court documents for those seeking a divorce. She is a dedicated and passionate assistant who works closely with clients and their divorce lawyer to progress their parenting and property matters and achieve positive outcomes. Tina also has experience in property settlements after matters have been resolved and now utilises the online PEXA settlement system. [...]  READ MORE →

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Subpoena or Notice to Produce – how to get the documents you need!

By Hayley Hitch, an Associate of Matthews Folbigg, in our Insolvency, Restructuring and Debt Recovery Group.

Have you ever wondered about the difference between a subpoena and a notice to produce? These can be confusing and sometimes cause delays in proceedings or result in significant additional legal costs.

Both a subpoena and a notice to produce are court forms used once proceedings have been commenced, to obtain documentation from a specific individual or entity. A subpoena can also be issued to require a witness to attend Court and give evidence at a hearing. [...]  READ MORE →