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Dispute Resolution ( Litigation)

Nevett Ford has wide experience in all manner of litigation.

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Mediation is a process and set of principles designed to manage and resolve disputes between parties. It is an efficient and effective method of dispute resolution that can help to preserve relationships through the intervention of a third party, known as a mediator.

Property Law

Nevett Ford has been conveying Victorian property for more than 150 years.

Thursday 23 April 2015

Biometrics collection Singapore


Biometrics collection will commence in Singapore from 24 April 2015. All applicants irrespective of their nationality who are physically in Singapore will be required to provide biometrics, unless excluded or exempt under policy.


Visa applicants residing in Singapore and who attend the Australian Visa Application Centre (AVAC) in Singapore to lodge their applications, will be asked to provide their biometrics at the same time.


Where applications are posted to the Australian High Commission or the AVAC in Singapore, a letter will be sent to applicants requiring them to attend the AVAC, in person, to provide their biometrics.


Biometrics will be collected from visa applicants who are in Singapore at the time of making a visa application to enter Australia, unless they are excluded or exempted from doing so under Australian Government policy.


Visa applicants residing in Singapore who lodge their application at the Australian Visa Application Centre (AVAC) in Singapore will be asked to provide their biometrics at the same time.


Visa applicants who send their applications by post to the Australian High Commission in Singapore or to the AVAC, will be sent a letter requiring them to attend the AVAC, in person, to provide their biometrics.


Some applicants lodging their visas online might be sent a letter informing them that they need to attend the AVAC in person to provide their biometrics.​​​​​


Applicants will need to contact the Australian Visa Application Centre to make an appointment and have their biometrics collected.


Biometrics data will be collected by the Australian Government's service provider VFS Global through a quick, discreet and a non-intrusive process that captures a facial image and a 10-digit fingerprint scan.

Migration scam warning


SCAMWatch reports the ACCC and the Department of Immigration and Border Protection (DIBP) have been getting reports of scammers claiming to be government officials. The scammers call migrants and temporary visa holders and threaten them with deportation supposedly because of problems with their immigration paperwork or visa status.


Scammers are demanding up-front fees of around $1,000 to resubmit forms. These scam phone calls appear to be targeting people from India and Pakistan. The ACCC has received 150 reports of this scam since February with more than $35,000 reported lost.

Scammers may try to pressure you by calling repeatedly and harassing you, even threatening to send the police to your house – but if you give your money to a scammer you will never see it again. The DIBP has confirmed that it does not ask for any payment of fines or penalties by telephone.


If you receive a telephone call from someone threatening you with deportation and asking you to pay a fee, hang up and do not respond. If in doubt, do not use any contact details provided by the caller - look up the government department or organisation yourself in the phone book or online and phone or email them.

Monday 20 April 2015

New visa arrangements for people working in Australia’s offshore oil and gas industry


From 31 March 2015, new visa arrangements came into effect for non-citizens other than permanent residents intending to work in Australia's offshore oil and gas industry.

People intending to work on resources installations should hold either a Subclass 457 Temporary Work (Skilled) visa or a Subclass 400 Temporary Work (Short Stay Activity) visa.

People who are participating in, or supporting, an offshore resources activity from a vessel will be granted the Special Purpose Visa (SPV) by operation of law.

485 visa and 476 visa - changes to English language requirements


From 18 April 2015, minimum English language test scores for the Skilled – Recognised Graduate (subclass 476) and Temporary Graduate (subclass 485) visas changed.


If you lodge an application for either of these visas on or after 18 April, you must provide evidence of having achieved one of the following in a test taken in the three years immediately prior to lodging your visa application: 
  • an overall score of at least 6, with nothing below 5 in each of the four test components (speaking, reading, listening and writing) in an International English Language Testing System (IELTS) test
  • a score of at least 'B' in each of the four test components (speaking, reading, listening and writing) of an Occupational English Test (OET)
  • a total score of at least 64, with nothing below 4 for listening, 4 for reading, 14 for writing and 14 for speaking, in a Test of English as a Foreign Language internet-based test (TOEFL iBT)
  • an overall score of at least 50 with nothing below 36 in each of the four test components (listening, reading, writing and speaking) in a Pearson Test of English Academic
  • an overall score of at least 169 with nothing below 154 in each of the four test components (listening, reading, writing and speaking) in a Cambridge English: Advanced (CAE) test taken on or after 1 January 2015.

This change means the ‘competent English’ requirement no longer applies to subclasses 476 and 485.


Only minimum English test scores will change. Applicants will still meet the English requirement if they hold a valid passport issued by the United Kingdom, the United States of America, Canada, New Zealand or the Republic of Ireland.

Sunday 19 April 2015

457 visa - changes to English language requirements


As of 17 April 2015 the following language tests are acceptable evidence for 457 visa applications:


(a)                International English Language Testing System (IELTS test);

(b)                Occupational English Test (OET);

(c)                Test of English as a Foreign Language internet-based test (TOEFL iBT);

(d)               Pearson Test of English Academic (PTE);

(e)                Cambridge English: Advanced test (CAE), where the test was completed on, or after 1 January 2015.


The minimum score for each IELTS component is now 4.5 but the overall band score needs to be at least 5.


The following scores apply to the remainder of the tests:

English test
Minimum band score
Minimum scores for English test components
Listening
Reading
Speaking
Writing
IELTS test
Overall band score 5.0
4.5
4.5
4.5
4.5
OET
-
B
B
B
B
TOEFL iBT
Total band score 36
3
3
12
12
PTE
Overall band score 36
30
30
30
30
CAE
Overall band score 154
147
147
147
147

 

Monday 13 April 2015

SA Supplementary Skilled List adds CSOL occupations and replaces the South Australian Graduate List


The South Australian Graduate List for state nomination has been replaced by the Supplementary Skilled List. This new list offers all the occupations on the DIBP Consolidated Sponsored Occupation List (CSOL) that are NOT on the SA State Occupation List.


The State Occupation List contains 171 occupations and the Supplementary Skilled List the remaining 480 occupations. 


This now give the opportunity for skilled workers in one of the three following categories to meet the criteria for state sponsorship:  



  • International graduate of South Australia.

  • Worked in a skilled occupation in South Australia for the last 12 months.

  • Immediate family member permanently residing in South Australia for 12 months or more.

Chinese Travellers visitor visa extended to three years with multiple entries


Minister Andrew Robb has announced that approved Chinese travellers will now be able to apply for online visitor visas with three-year validity and multiple entries. This extension follows the introduction of three year, multiple entry Chinese business visas in 2014.


This follows the success for the online visitor visa pilot for Chinese visitors

Fair Work Australia - Inquiry into 417 Working Holiday visa wages and conditions


The Fair Work Ombudsman is sending a specialist Overseas Worker Team to the Northern Rivers, Tweed Coast, Sunshine Coast and Wide Bay regions of NSW and Queensland.  The Team will engage with key stakeholders in Byron Bay, Lismore, Gympie and Maroochydore as part of its enquiry into allegations of working holiday visa holder exploitation by unscrupulous employers.


Deliberate exploitation of backpackers seeking to extend their visas by undertaking 88 days specified work in a designated regional area has been identified in other regions. This exploitation took the forms of underpayment, non-payment, employees paying employers and third parties, to receive documentary evidence for the required 88 days work. Exploitation of workers in exchange for accommodation was also found.

The Fair Work Ombudsman reports 10% of its complaints now come from visa holders.

Thursday 9 April 2015

UPDATE to the Significant Investor Visa (SIV) - suspension period


Further information has been released about the temporary suspension of the Significant Investor Visa (SIV) programme from 24 April 2015 to 30 June 2015:


  • all new nominations will be suspended;
  • prospective SIV applicants can still lodge Expressions of Interest after 24 June, but they will only be able to be nominated from 1 July 2015 and will be subject to the new complying investment framework;
  • the new complying investment framework is still being finalised
  • those who have already been invited to apply for an SIV will not be impacted;
  • existing SIV applications and those who have already been invited to apply prior to the suspension will continue to be processed under the current regulations;
  • Visa processing and visa grant will continue to occur between 24 April 2015 and 30 June 2015 for anyone who has already submitted an application, or who has been nominated prior to 24 April 2015 and then submits an application before 1 July 2015. The current rules (pre 1 July 2015) will apply to them.​

 

Tuesday 7 April 2015

Significant Investor Visa - suspension period


New Significant Investor Visa (SIV) applications are to be suspended from 24 April 2015 until 30 June 2015 due to changes to the complying investment framework.


Applicants who have been invited to apply AND have lodged their applications prior to that date will be assessed under the current regulations.


Applicants may continue to lodge expressions of interest during this period, but no invitations will be issued until after 1 July 2015.

Child visa lodgement changes


From 18 April 2015, child visa applications in Australia must be lodged at the Perth office in Western Australia – marked Attention to Child and Other Family Processing Centre.


This change will apply to all applications for Child visas (subclass 802) and Orphan Relative visas (subclass 837) lodged from 18 April 2015. Applications for Dependent Child visas (subclass 445) in Australia must also be lodged at the Perth office.

Wednesday 1 April 2015

Fiji added to Seasonal Workers Visa Program


Fiji has been added to the list of countries whose citizens are eligible to apply to be part of the Seasonal Workers Program in Australia.


The Seasonal Workers Program allows applicants from approved countries the opportunity to work in the horticultural, hospitality and tourism industries in Australia for up to 7 months.


The Department of Employment co-ordinates the program and provides further information on its website Seasonal Worker Program pageThe website provides an interesting video explaining the requirements of the visa, work rights and other related daily living information for those considering applying for the program.

Draft National Strategy for International Education

ACT closes subclass 190 overseas nominations


ACT nominations for overseas Subclass 190 visas are closing for 2014/15 for overseas applicants.


As at 5pm AEST Friday 3 April 2015, all overseas applications for ACT nomination of a visa subclass 190 will be closed. The ACT program targets for the Skilled Nominated Visa (190) have been met for the 2014/15 financial year.


If applicants are living overseas, they are not able to apply for ACT nomination of a Skilled Nominated visa (subclass 190) until the program reopens on 1 July 2015.


Applicants living in Canberra and working in a skilled occupation, they are still able to apply for ACT 190 nomination providing they meet the current nomination criteria.

Amendments to Migration Regulations - Migration Amendment (2015 Measures No.1) Regulation 2015


Migration Amendment (2015 Measures No.1) Regulation 2015 amends the Migration Regulations to:


  • Foreign air crew: limit the number of domestic flights that foreign aircrew are permitted to work on while holding a Special Purpose visa.  The amendments provide a limit of two connecting domestic flights for foreign air crew and one connecting domestic flight for positioning foreign air crew (persons forming crew on departure).  This ensures that opportunities for Australian workers on domestic flights are protected;​

  • English test validity for points tested visas: allow an English language test score to be accepted for points tested skilled visas if the test was conducted three years before the applicant was invited to apply for the visa, rather than three years before the application was lodged. This ensures that English test scores do not become invalid between the invitation to apply for the visa and the application being lodged;

  • English for subclass 485 visa & subclass 476 visa: enable lower English language test scores to be specified for the Skilled Recognised Graduate and Temporary Graduate visas so that these visas can be more responsive to Australia’s labour market requirements.  The tests and scores will be specified in an instrument made by the Minister;

  • Visa form and lodgement changes: provide that the visa application form, the place in which a visa application must be lodged and the manner in which a visa application must be made (for example by internet or paper) are specified in an instrument made by the Minister, rather than set out in the Migration Regulations. This enables these administrative details to be changed more rapidly, as required, to facilitate more efficient processing arrangements;

  • Employer notification time extended: extend the timeframes in which an approved sponsor must notify the department of certain events relating to the sponsored person (for example, a change in work duties).  The amendment extends the timeframe from 10 working days to 28 calendar days to ensure there is sufficient time to comply with the requirement. It also reduces confusion for businesses as it would align with other comparable reporting periods that must be met by business;

  • Change to 485 medical examination requirements: repeal the requirement that an applicant for a Temporary Graduate visa must provide evidence of having made arrangements for medical examinations at the time of application for the visa. The amendment removes an unnecessary burden on applicants as many applicants may not be required to have a medical examination to meet the health requirement at the time of decision for the visa;



This Select Legislative Instrument will commence on 18 April 2015.

The Migration Amendment (Protection and Other Measures) Bill pass Senate


The Migration Amendment (Protection and Other Measures) Bill was passed on 25 March 2015.

According to Assistant Immigration Minister The Hon Senator Michaela Cash, the amended bill would crack down on fraud and streamline visa processes to reduce cost. However, the changes have been criticised for making it easier for decision-makers to deny protection to people who don't have genuine claims and making it harder for people who do have genuine claims to access the protection they deserve.

457 - Senate establishes new inquiry into use of temporary working visas


Following the findings and recommendations of the Independent Review into the Integrity of the 457 visa programme, the Senate has established a new inquiry into the use of temporary work visas and reported abuse and exploitation of 'foreign' workers.


The inquiry will look at the broader range of temporary working visas and will investigate issues regarding the extent of exploitation and mistreatment of people on temporary work visas and the impact the programme has had on employment opportunities, skills and training development for Australians.

Productivity Commission Inquiry into the use of charges to determine the intake of migrants


The Treasurer, Joe Hockey, and the Minister for Immigration and Border Protection, Peter Dutton, have announced that the Productivity Commission will commence an inquiry into the migrant intake into Australia. This inquiry will look into:


  • The benefits and costs of permanent migration.
  • The scope to use alternative methods for determining the intake of permanent migrants and the effects these would have. This should include examination of a specific scenario in which entry charges for migrants are the primary basis for the selection of migrants.
  • The benefits and costs of temporary migration with an examination of the use of charges as the primary basis for regulating the level and composition of this migration.
  • Mechanisms for achieving an optimal interaction between temporary and permanent migration.