Articles

The following legal articles have been written in-house, by the staff of Comasters Law Firm and Notary Public. To view these articles, you will need to have Adobe Reader.

Categorised by Areas of Practice:

Commercial Law (14 Articles)

Comasters have handled a range of corporate and commercial law matters, including establishing companies and advising on the related issues of directorship and shareholding in compliance with the Corporations Act. In particular, our specific knowledge and contacts within South East Asia has enabled us to take instructions for the appointment of local officers in Australia for overseas companies.

We have also acted in numerous commercial transactions relating to the sale and purchase of businesses and business assets. Buying and selling a business can prove to be a complex venture, with issues such as GST treatment, value of goodwill, transfer of employees and their entitlements (superannuation, wages, annual leave). Often such transactions have involved the assignment or transfer of a lease.

Various deeds and agreements have been drafted by Comasters in order to facilitate the working together of individuals and corporations. Comasters have actively negotiated for and on behalf of clients when instructed to do so.

Litigation (7 Articles)

Litigation requires a thorough understanding of how the law applies to a set of specific facts.

Comasters have handled numerous litigation matters, particularly in the area of commercial law at the Local, District and Supreme Court Levels.

Whether acting for the Plaintiff or Defendant, we endeavour to present our clients with an informed opinion as to all available options. It is important that each client is given a realistic assessment of the strengths and weaknesses of their case.

Comasters receive instructions in all steps of a litigation matter, including drafting Letters of Demand, drafting Court Pleadings, drafting Affidavit Evidence and Court Advocacy. Comasters also appreciate that at times, the best approach would be to settle out of Court, and therefore, the appropriate strategy would be employed in the negotiation process.

Family Law (3 Articles)

Family law encompasses a range of sensitive issues.

As a way of protecting assets prior to entering into or during a marriage (or a defacto relationship), prenuptial agreements or financial agreements can be prepared. Financial or prenuptial agreements will enable each party in the relationship to have a clearly documented list of the assets that each party will bring and take away in the event of the breakdown of the relationship. At Comasters, we have had experience in drafting and advising on such agreements.

Another area of Family Law that we take instructions in is Divorce proceedings and property settlements / claims. We ensure that during all stages of proceedings, you will be informed of the status of the application, as well as advised on your entitlements, obligations and rights.

After or during the finalisation the breakdown of a relationship, issues such as parenting orders are often raised. In recent years, the Family Court of Australia has shifted toward joint parental responsibility and the importance of having both parents participate in the life of their children. Comasters have attended at the Family Court in cases relating to child contact and parenting.

Property Law (11 Articles)

Comasters understand the significance of buying or selling your property.

We have facilitated numerous property transactions, ranging in value from hundreds of thousands to tens of millions of dollars, for both individuals and corporations. Our scope of work includes drafting Sale Contracts for Vendors and vetting various legal documents for Purchasers. Our standard procedure in acting for Purchasers would include obtaining the relevant pest and building reports (or a strata inspection report), to ensure that the property is of a satisfactory standard. Liaising with mortgagees is an anticipated aspect of working towards settlement, as well as informing purchasers of the implications of stamp duty.

Many of our clients intend to be first home owners, and as such we have provided assistance in applying for the First Home Owners Grant (FHOG), a grant funded by the Government and administered by the Office of State Revenue. Up to date advice will be provided in accordance to changes to policy and regulations affecting the FHOG.

Comasters also have experience in acting for transactions involving investment properties. We have experience in acting for overseas investors planning to purchase in Australia and can provide pertinent advice on the requirements of the Foreign Acquisitions and Takeovers Act for overseas investors.

Commercial and retail leases form a large area of our practice at Comasters. We are able to draw up both commercial and retail leases on behalf of Landlords as well as negotiate and advise on leases for Tenants. We have experience in preparing disclosure statements, dealing with defaulting Tenants, and obtaining independent valuations for rent determinations.

Immigration Law (8 Articles)

Our Principal Lawyer is also a registered migration agent. This enables our firm to be kept constantly up to date of recent changes and developments in immigration law.

Each immigration case is different. As such, from your first appointment at Comasters, we would be able to give you our opinion as to the strength of your application. Through preparing in-depth submissions, Comasters aims to provide the Immigration Department with substantial evidence as to why a visa should be granted.

Comasters have experience in preparing submissions for companies looking to sponsor and nominate overseas’ employees, as well as acting for individuals who seek to obtain an Australian Visa on the basis of their skills. Amongst other areas, we have been successful in obtaining both temporary and permanent resident visas, including Business Skills visas, Resident Return visas, General Skilled visas, Spouse visas, Temporary Business (Long Stay) visas and Retiree visas.

Other Laws (10 Articles)

The other major areas of practice include drafting Wills and obtaining a Grant of Probate (or Letters of Administration where applicable). A related area of practice would be the drafting of Power of Attorney and Guardianship documents. These are all very practical documents which are often drafted to provide peace of mind.

Comasters would also be able to advise on other miscellaneous matters, including trade mark issues, driving offences, residence rules (for taxation purposes) and injunctions.

Comasters have a notary public who would be able to provide efficient and helpful services to those who require their documents to be authenticated for overseas use.