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Director, Philip Brewin is a specialist in Workplace Relations and heads our Workplace Relations Work Group.

Corporate and Business Law

The Nevett Ford Corporate and Business Law team has a wealth of experience and expertise and have established quality relationships with clients, including many small and medium business enterprises, across a wide range of industries.

Dispute Resolution ( Litigation)

Nevett Ford has wide experience in all manner of litigation.

Mediation

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.

Monday, 1 December 2014

Mandatory visa cancellation powers and reviewable decisions


Powers of mandatory visa cancellation, without notice, have been introduced by the government for persons serving full time imprisonment and who have a substantial criminal record:
  • This mandatory cancellation is not reviewable by the Administrative Appeals Tribunal (AAT), but can be revoked by the Minister for Immigration personally or the Minister's delegate
  • The decision not to revoke the cancellation by the Minister's delegate is reviewable by the AAT
  • Where cancellation is revoked by the delegate of the Minister or the AAT, the Minister personally can set aside the revocation and cancel the visa on character or national interest grounds​
  • There are also new personal powers for the Minister to cancel visas under section 106 & section 116 of the Migration Act 1958 ('the Act') and this decision is not reviewable by the AAT
  • A decision to cancel a visa under the new section 133A and section 133C of the Act are not reviewable by the Migration Review Tribunal (MRT)
  • ​A decision made personally by the Minister to cancel a protection visa is not reviewable by the RRT
  • A decision made by a delegate of the Minster to cancel bridging visa for a person who is in detention because of that cancellation, is reviewable by the MRT

Monday, 24 November 2014

Work and Holiday visa for Spanish nationals commences

The 24 November 2014, marked the commencement of the new Work and Holiday visa arrangements for nationals of Spain and Australia.

The arrangement allows for 500 young adults who meet the visa criteria to enjoy up to 12 months in Australia to study or undertake short term work.

Alternative English Language tests commence

Alternative English Language tests commenced on 23 November 2014, for the following visa programmes:

  • Temporary Graduate
  • Skilled
  • Former Resident
  • Work and Holiday 

The Test of English as a Foreign Language internet based test (TOEFL iBT) and the Pearson Test of English Academic (PTE Academic) have been added to the IELTS and OET tests for these visa programmes. 

The Cambridge English (Advanced (CAE) test will be also accepted from 1 January 2015.

Student visa applicants can continue to provide scores from the IELTS, OET, TOEFL iBT, PTE Academic or Cambridge English: Advanced (CAE) tests. 

Wednesday, 19 November 2014

Functional English - legal definition updated for Australian migration purposes


The methods for demonstrating "functional" English for para 5(2)(b)​ of the Migration Act 1958 have been updated.

The following tests and scores for demonstrating functional English will now be accepted:

  • An average score of at least 4.5 in an IELTS test.
  • A total band score of at least 32 in a TOEFL iBT test 
  • An overall band score of 30 in a Pearsons (PTE) test 

Monday, 17 November 2014

Contributory Parent Visas - Apply Sooner Rather Than Later

If you are contemplating applying for a Contributory Parent Visa it would be wise to get an application lodged with the Department of Immigration as soon as possible, as processing times for this category of visa are already significant and likely to become longer with the demise of other options.

Based on current planning levels, contributory parent applicants can expect to wait 12 to 24 months for a visa grant to be made.

The Minister for Immigration has the power to ‘cap’ the number of visas which can be granted each year in a particular visa class. All parent Visa subclasses (103, 143, 173, 804, 864 and 884) are subject to capping, meaning that once the number of visa places set by the Minister for a class has been reached in a particular year, no further visas in that class can be issued and any outstanding applications will ‘rollover’ into the next processing year. For the 2014/2015 migration year the minister has allocated a total of 7175 contributory parent Visas.
 
Gradually over time, if the number of applications continues to exceed the annual cap, there can be a build up of large numbers of applications waiting to be finalised with the result that visa grants can take several years to finalise. For this reason, it is most important to get an application into the system as quickly as possible.

China - Australia Free Trade Agreement (ChAFTA) announcements

Australia and China have announced the conclusion of negotiations for a China-Australia Free Trade Agreement (ChAFTA).

The implementation of this agreement is subject to a number of treaty-making processes which may take some time according to the implementation timeline.

Fact Sheet: Movement of Natural Persons

This fact sheet provides information on:

1. Access to Australia for inter-corporate transferees, contractual service providers. Installers and servicers and business visitors.

Australia will provide guaranteed access to Chinese citizens for the following categories:

  • Intra-corporate transferees and independent executives for up to four years (including executives, managers and specialists);
  • Contractual service suppliers for up to four years; including guaranteed access for up to a combined total of 1,800 per year in four occupations: Chinese chefs, WuShu martial arts coaches, Traditional Chinese Medicine practitioners and Mandarin language tutors (subject to meeting standard immigration requirements);
  • Installers and servicers for up to 3 months; and
  • Business visitors for up to 90 days, or 6 months for business visitors who are service sellers.
  • Australia will also provide entry and stay for dependants and spouses of Chinese citizens that have been granted entry, in accordance with the FTA, for a period of longer than one year.
  • China and Australia have also committed to process expeditiously applications for immigration formalities, provide timely information on visa application progress, and ensure transparent procedures and requirements relating to the movement of natural persons of the other party.
  • In order to better facilitate the temporary entry of workers associated with trade and investment, Australia and China will also increase cooperation in the areas of skills recognition and licensing, including through encouraging the streamlining of relevant licensing procedures and improving access to skills assessments.

2. China to be include in Work and Holiday Arrangements (WHA)

Australia and China have also completed negotiations on a Work and Holiday Arrangement (WHA) under which Australia will grant visas for up to 5,000 Chinese work and holiday makers annually.

As one of the five super-growth sectors within the Australian economy, tourism is a trade and investment priority for this Government – with the potential to be our fastest growing industry over the next three decades. The WHA will increase demand for tourism services and support the development of Australia’s tourism sector, particularly in rural Australia.

This will help deliver more jobs, increased investment and economic opportunities for communities across Australia.

No implementation date has been announced.

3. Investment Facilitation Arrangements

Through a Memorandum of Understanding allowing for Investment Facilitation Arrangements (IFA) Chinese owned companies registered in Australia undertaking large infrastructure development projects above $150 million will be able to negotiate, similarly to Australian business, increased labour flexibilities for specific projects. This will be done on a case-by-case basis under arrangements similar to the former Enterprise Migration Agreements.

IFAs will provide flexibility for companies to respond to the unique economic and labour market challenges related to large infrastructure development projects. They reflect the Government’s focus on strengthening infrastructure development and attracting investment, leading to the creation of jobs and increased economic prosperity for all Australians.

IFAs will operate within the framework of Australia’s existing 457 visa system and will not allow Australian employment laws or wages and conditions to be undermined. The nationalities of eligible overseas workers under IFAs will be non-discriminatory, consistent with Australia’s 457 visa system.
 
No other details are yet available.

Additional English language tests accepted by the Department of Immigration & Border Protection - commencement dates


Two additional English language tests, the TOEFL and Pearson tests, will be accepted from the 23 November 2014 and the Department's online lodgement systems will also be updated at that date.

The Cambridge English language test is expected to be accepted from 1 January 2015.