Our Post Visa Legal Services
Property and Conveyancing
Our property law division has received Awards and is experienced in helping new Australians to invest in Australian property with:
- Securing FIRB (Foreign Investment Review Board) Approval for property purchase.
- Asset protecting that investment.
- Advising on Capital Gains Tax, Stamp Duty and development opportunities.
Wills & Estate Planning
Our Wills and Estates division has been drafting Wills, administering Estates and litigating Will disputes since 1976.
The first thing a “new” Australian needs is a new will, because Australia has zero death duties.
We will ensure that your legacy goes to the right people at the right time. Ask us how you can draft wills which protect your bequest from being diluted by estate debts, taxes and the divorce or bankruptcy of a beneficiary.
Our Family Law division complements many of our migration services and received the Acquisition International Award for “Best Family Law Services – Australia”.
A few examples of where our experience has proven invaluable to our migration Clients:
- Long distance relationships and pre-nuptial agreements:
Long distance couples should have a binding financial agreement (“BFA”) (also known as a pre-nuptial agreement) because:
- They are unlikely to have been given the opportunity to properly test their relationship by living together.
- These agreements minimise the cost and stress normally associated with divorce
Under Australian partner law, partners can claim an interest in the other partner’s assets after as little as 3 months of living together.
- Recently separated people who find love before their divorce is finalised:
- Overseas custody arrangements:
You cannot sponsor a partner until you are properly divorced.
We can fast-track the divorce formalities, whilst keeping the migration lawyer informed so the new partner can be sponsored ASAP.
Mixed or blended families are increasingly common, and if you want to migrate to Australia with your children, the ex-partner needs to consent to the children migrating also and you will need a family lawyer to sort that aspect out.
Irish Bentley Lawyers is a leading criminal firm – our work includes contesting the validity of criminal law legislation in the High Court and our Principal Zeke Bentley is often called on by the media (e.g.: Ross Kemp’s “Extreme World”) to discuss Australia’s criminal law system.
Relevantly, our Criminal Law division complements our migration services – a few examples:
- You have to show you are of good character despite a past overseas criminal record:
- You are charged with an offence whilst in Australia on a temporary visa (e.g. drink driving, assault):
- You have received your permanent residency visa and get charged with a serious offence:
We receive many referrals from other Law Firms where a past criminal record needs to be explained to demonstrate the visa applicant is of good character, whether it be downplaying a criminal record for drink driving, drug offence, assault, hooliganism, possession of firearms or other offences.
If you are charged, then this can seriously impact future visa applications and you may need a criminal justice visa.
It is also wise to lodge the visa ASAP before the conviction is entered, and to conduct that criminal defence in a way that attracts helpful comments from the Judge and the prosecutor, so that these comments can be included in submissions to the DIBP.
There has been an alarming trend in Australia to cancel permanent residency visas (and other visas) for actual and anticipated criminal records.
The normal “innocent until proven guilty” rule is ignored for non-citizens and you can be deported before your defence is even heard.
Any non-citizen, who is charged with an offence liable to a jail term, needs a criminal lawyer working with their migration lawyer, because your entire visa status is at risk and you may be deported before you even get a chance to defend the charges.
Unfortunately a number of relationships between Australians and foreign partners result in domestic violence – when this happens you need a migration lawyer working with your domestic violence/family lawyer because;
- the “foreign” partner is often entitled to immediate permanent residency (without waiting the normal two years) especially where the partners have a child.
- A conviction for domestic violence can stop a visa applicant passing the 501 character test.
- The Australian may want to sponsor a new foreign partner in the future (domestic violence convictions can prevent you getting a partner visa in the future!).
Commercial and Business Law
The experienced team at Irish Bentley Lawyers is happy to assist with any corporate, commercial and business law matter. Our solicitors apply a wealth of knowledge and expertise in ensuring that the legal aspects of your commercial matters are dealt with responsibly and efficiently, whether you operate as a sole trader, partnership, company or start-up.
Irish Bentley Lawyers have a dedicated Intellectual Property section headed up by our trademark attorney and tax litigator, Angus Murray. We have received Awards for our work in Intellectual Property (Best SME Intellectual Property Lawyer 2016).
Intellectual property is often a business’ core asset and our intellectual property law practice is able to assist in protecting, registering, managing and enforcing intellectual property rights.
We set up research and development grant applications.
We know how to set up business structures and royalty agreements which are tax effective and which utilise overseas country systems.
Our Clients include TomCar Australia, Pat Cash, James McSweeney, Lagerstein and Jordan Belfort (Wolf of Wall Street).
Insolvency and Turnaround Law
Our insolvency law section has received Awards (“Award for Excellence in Insolvency Law – Australia 2016), we have established legal precedents (Forza Finance -v- Vergepoint) and Irish Bentley Lawyers are 1 of only 14 firms that are accredited on the ‘Australian Restructuring Insolvency and Turnaround Association’ (ARITA) website. ARITA is the required course to be a National Insolvency Practitioner and we send our insolvency lawyers to ARITA to ensure Irish Bentley Lawyers are at the cutting edge of insolvency law.
We help many Clients (especially those from Ireland) deal with insolvency issues in their “old” country.
We have over 20 years’ experience in asset protection. The golden rules of asset protection are:
- The earlier the better.
- It is never too late.
- Implement your asset protection strategy when you arrive in Australia.
Personal Injury Law
Our Principal, Zeke Bentley, has conducted injury matters since 1996 and provides expert evidence to personal injury Firms to help their clients satisfy the insurer and the Courts, that the victim would have been eligible for residency.
We can advise you on whether you have a good injury claim and ensure you seek full compensation.
Unfair Dismissal and Anti-Discrimination Law
If you have been unfairly dismissed, or discriminated against (e.g. on the basis of age, sex, injury) then you need to get advice as soon as possible. The time limits can be as little as 14 days so call us as soon as possible.