In the wake of the recent COVID-19 pandemic, the Government has allowed early access to superannuation funds for certain groups of people and traders. Although the early access prescription appears easy to follow, there can be cases that fall on the eligibility borderline. The scales weigh more on the side of eligibility rather than the ineligibility side of early access for the applicant. The simple consequence of this misinterpretation could risk an eligible applicant becoming an ineligible one.
What did the Government say?
The Government would allow early access to the super funds by those affected by the COVID-19 crisis. Basically, an eligible super funds member can withdraw $10,000.00 this financial year which ends on 30 June 2020, and another $10,000.00 next financial year which starts as of 1 July 2020. This is tax-free the Government said. The measure is designed to address the existing hardship on the eligible individuals and traders to whom this new ruling would apply.
I am currently employed but my wife has been made redundant. Can we both apply for early access to our super funds?
If you are still working and it is only your wife who has been made redundant after 1 January 2020, then your wife can only exercise her right of early access to her super funds. To become eligible, she needs to show that either:
(a) as an individual, she was made redundant by her employer, or her working hours reduced by 20% or more; or
(b) as a sole trader, her business has suffered a 20% or more reduction in her turnover.
I am unemployed but receive a job seeker payment. Can I still apply for early access to my super funds?
Yes, you can.
I receive a youth allowance for job seekers. I have not many funds left in my super. Can I still apply for early access, or do I need to have a minimum available in my super funds?
Yes, you can. So far the Government has not set a benchmark for the available funds in a super account. The Government has however defined the maximum that can be withdrawn from the super funds in this and next financial year.
I currently receive parenting and some other special payments from Centrelink, can I still apply for early access to my super funds?
Providing you meet the individual, or, the sole trader tests above, yes you can.
Having read your article here, I now know that I am eligible to have early access to my super funds, how do I do it?
Applications are to the ATO via the MyGov website. The process is pretty simple. The ATO will verify the applicant, assess the application, record the bank account details, and make a decision. The ATO will then direct the nominated fund to release the requested amount to the bank account specified by the member. It is essential to know is that the member does not need to contact his/her super funds at all in the process.
Just so I could educate myself, what is the total amount that this scheme will allow to be accessed from the super funds, and how much more will be left in the super after?
According to the Government, it is estimated that around $27 billion funds might be taken out via early release, however, this is less than 1% of a circa $3trillion superannuation in the system owned by the Australian members.
Does your visa have a “No Further Stay” condition attached to it, and if so, what does it actually mean? Below we attempt to clarify this and how it is dealt with:
No further stay
There are many temporary visa holders in Australia who have got their visa conditioned as “no further stay.” The conditions include 8503, 8534, and 8535. This means unless there are specific
circumstances such as protection visa consideration, the holder upon expiry of his/her visa must leave Australia and will not able to apply for another visa.
My visa is attached with 8503 conditions, how can I avoid leaving Australia?
You can request the Department of Home Affairs to waive the condition attached to your visa but it must fall under either of the following categories;
(a) If you are unable to leave Australia due to medical reason;
(b) If there is a natural disaster in your home country;
(c) If there is a death or serious illness within your close family;
(d) There is a war or civil unrest in your home country; and
(e) The school in which you have registered cannot provide the course that you were approved for.
You cannot request the waiver simply because of the occurrence of a marriage or de facto relationship with an Australian citizen or permanent resident. Additionally, you cannot request the waiver simply because of pregnancy, unless your doctor advised you not to travel.
What happens when the condition of my visa is waived?
If and when, a “no further stay” condition of your visa is waived, you may apply for another visa without having to leave Australia. You need to be mindful, however, that there is no guarantee that
another visa is granted to you as it depends on the type of visa you apply for, and you must meet the requirements of that visa.
How long does it take to process my waiver request and how do I lodge my application?
You need to be mindful that the waiver is not automatic and it all depends if you have provided all the required documents. Under normal circumstances, it takes around 28 days to receive an outcome on your waiver request. However, a delay may be experienced if your provided information is deemed incomplete. As far as the form, you need to complete the Form 1447 ‘No Further Stay’ waiver request and provide a certified copy of the bio page of your passport and all documentary evidence in support of your waiver request. The information then should be emailed to NoFurtherStayWaiverRequest@homeaffairs.gov.au
What if I request for a waiver of the “No Further Stay” condition after my visa is expired?
If you stay in Australia after your visa expires, you have breached condition 8531 which states: “You must leave before visa expiry.” This means even if your No Further Stay condition is waived and you are granted another visa, your sponsor will be penalized and any security bond lodged in support of that visitor visa or professional development visa application might also be forfeited.
What if my request for a waiver of the “No Further Stay” condition is refused? Can I appeal the decision?
No. The Department of Home Affair’s decision in respect to your waiver request is final and the decision cannot be reviewed by the Administrative Appeals Tribunal or by another Department. The Minister also does not have any power to intervene.
Can you assist me to lodge my waiver request application from A-Z?
Yes, we can. It always pays to seek qualified immigration advice to ensure your application and documents are in order. In addition, you need to be mindful that you want to get your application right first. We are happy to assist you.
Aylward Game Solicitors is a Leading Town Agent Service Law Firm in Brisbane.
If you need a prompt, professional, reasonably priced Town Agent Service in Brisbane, then Aylward Game Solicitors are your total solution.
“Aylward Game Solicitors’ single-line commitment is to provide high-quality practical legal advice across a broad-spectrum of legal disciplines.” – Mark Game, Founder
Aylward Game Solicitors are a law firm based in the Brisbane CBD providing professional services not only to current clients but throughout the legal community at large.
We provide these services to firms and individuals located in a variety of locations such as Mackay, Rockhampton, Gold Coast and Sydney.
These services vary from basic attendance at settlement or filing court documents to complex matters in the courts like going to Trial.
For those more complex matters, our Brisbane Town Agency team is only a phone call away on 1800 217 217.
In addition, our Partner Ian Field is one of the most well-respected Accredited Specialist Family Lawyers in Brisbane.
LEGAL PROCESS FEES
Brisbane Town Agent Services Law Process and other fees.
Requesting Title searches or images e.g. Plans & Dealings
$22.00 incl. GST (plus individual search costs)
Requesting property searches (2 or more property searches/conveyancing package)
$66.00 incl. GST (plus individual search costs)
Filing court documents (Federal Court, Federal Circuit Court, Family Court, Magistrates Court, Supreme and District Court)
$165.00 incl. GST (plus relevant filing fees if applicable)
Lodging documents for registration in the Brisbane Titles Office
$165.00 incl. GST (plus relevant registration fees if applicable)
Delivery or collections of documents (starting from $82.50)
Starting From $82.50 inc. GST
Solicitor Court Appearances in All Brisbane State and Federal Courts (excludes legally aided criminal matters)
$ QUOTE – Please contact us for a quote
Registration of Transfer documents
$165 inc GST (plus registration fee)
Online lodgment of Stamping documents
$165 in GST (plus stamp duty fee)
Service of court documents
$82.50 including gst up to 2 locations within the Brisbane CBD area
We provide class-leading Town Agent Services to individuals and other law firms requiring assistance.
INDEPENDENT CHILDREN’S LAWYERS
Independent Children’s Lawyers and Town Agent Service in Brisbane
Mr. Ian Field of the Independent Children’s Lawyer Panel and is available as an agent in the Federal Circuit Court and the Family Court in Brisbane.
As per Legal Aid Queensland grant of aid.
Please contact our team on 1800 217 217 for further information about our town agent service or to make a booking for us to attend to any of the above matters on your behalf.
If you require a more specialised town agent service which is not listed above, we invite you to contact us to see how we can tailor our service to you.
Buying and Selling Commercial Real Estate
This process takes many forms due to differences and restrictions on the potential use of your commercial property as well as location, and cultural significance. This makes it essential to ensure that your interests are catered for in the contract terms and conditions. You need to find a legally qualified person to handle the conveyancing for your sale or purchase, however should you search for a property conveyancer near me or property solicitors near me or some other term? Conveyancer near me is very often the first thing you search for online when you’ve either had an offer accepted and/or you accepted an offer regarding selling a property.
Here at Aylward Game Solicitors, we will help you in the preparation of the following documents that are needed in all contracts.
Standard form REIQ commercial land and building contracts with tailored special conditions to suit your requirements.
Special purpose property contracts.
Development contracts for proposed acquisition of properties for either development or subdivision.
Contracts where part of the purchase price is funded by an array of vendor finance arrangements.
Commercial leases that include Retail Shop leases
Commercial leases (for landlords and tenants) including Retail Shop leases
We have the knowledge and experience in leasing transaction requirements hence we will help you in case you are the landlord, tenant or assignee as well as on your commercial, industrial and retail properties.
RESIDENTIAL CONVEYANCING
Residential Conveyancing Expertise
We, at Aylward Game Solicitors, will provide you with the necessary legal advice and services that relate to your residential conveyancing requirements including preparing contracts and contract special conditions.
Buying and selling of a residential or an investment property is a great financial transaction that needs to be taken seriously.
This is because property conveyancing transactions generate complex rights and obligations that affect the parties involved and have adverse effects if they are not taken into serious consideration. Aylward Game Solicitors will help you in the protection of your rights and obligations.
LEGAL EXPERTS IN BRISBANE CONVEYANCING
Founder Mark Game, Conveyancing expert in Brisbane, experienced in a wide range of conveyancing issues that include selling and buying of existing houses, residential units, and townhouses. They also deal with new houses and the purchase of property within a self-managed superannuation fund.
They will advise you on the advantages of the self-managed superannuation fund and the penalties associated with non-compliance. They will also ensure that you undertake your transactions correctly so that you can enjoy the advantages of using the funds fully.
Finally, we at Aylward Game Solicitors are obliged to ensure your transactions are documented properly using the right documents before being stamped, and ensure that the ownership of properties is registered to the right entities.
SMSF PROPERTY
Buying Property within a Self Managed Superannuation Fund There is a marked increase in the number of investment properties being purchased within a Self Managed Superannuation Fund, and there can be many advantages to utilising this structure.
However, the penalties for non-compliance with the Superannuation Industry Supervision Act can be very significant. It is vital to ensure that these transactions are undertaken correctly, otherwise, the tax advantages of using this structure may be lost.Looking to Find A Conveyancer in Brisbane? We have experience in all areas of Property-Law in Brisbane including property contract termination to ensure that these transactions are properly documented, the right documents are properly stamped and the right entities are registered as owners of the property.
A good place to begin is by asking for recommendations from friends and family, as well as your real estate agent, accountant or lawyer. You can look for local services, search “conveyancer near me” or “cheap conveyancing”.
To discuss your matter, please contact us at your earliest convenience for a Free Case Review.
Looking to save money and get cheap conveyancing cheap conveyancing cheap conveyancing cheap conveyancing in Brisbane?
Preparing an Estate Plan and Will is one of the most important documents you will deal with in your lifetime and without professional advice, you could unintentionally leave your family with very complicated, difficult and expensive family law issues to resolve.
An up-to-date Estate Plan or Will allows you to;
Decide how your assets will be distributed after your death;
Choose who you want to manage the distribution of your estate;
Provide for your family as you wish;
Possibly save money on tax;
Ensure your Superannuation and Life Insurance is dealt with as you wish; and
Ensure any trusts or companies are properly managed.
Just as important as a Will is a Power of Attorney. A Power of Attorney is a legal document authorising another person to act on your behalf in managing your affairs. There are two types of Powers of Attorney;
General Power of Attorney. If you give someone General Power of Attorney, that power will come to an immediate end if you lose capacity; and
Enduring Power of Attorney. If you give someone an Enduring Power of Attorney, this means that he/she is able to continue to act as your attorney even if you lose capacity.
Often we review this at the same time as when discussing Wills.
In addition to your Will or Power of Attorney, you can consider an Advance Health Directive. This document states your wishes or directions regarding your future health care for various medical conditions. Your doctor will need to complete certain sections of this form, so it is important to discuss your intentions with them.
An Advance Health Directive comes into effect only if you are unable to make your own decisions, and speaks for you when you are not able to speak for yourself.
BRISBANE WILLS PREPARATION
WILLS, they aren’t always as simple as you may think they are. Yes, there are will kits around and you could save yourself money by doing it yourself. But have you included everything in your Will? Do you know the law in relation to Wills and Estate Planning, do you know how to draft the documents to ensure that your wishes are properly and accurately reflected in the documents that you sign. These are some of the questions to ask yourself.
Here at Aylward Game Solicitors, we have the experience to ensure you have properly addressed all your wishes. For example, gifts, have you ensured those collectable stamps will be left to the right person. Has your superannuation been set up correctly and do you understand how it is treated when it comes to your estate? It could be a simple Will or it could be a complex one and unless you speak to a professional, you may miss that crucial information. When you instruct us to take care of your Will preparation on your behalf, you will have the peace of mind of being aware that the complex issue has been handled efficiently and is also written in a language you understand.
We will even safely store the documents for you as an extra service at no additional cost. So contact Aylward Game Solicitors today and get your Will and Estate Plan reviewed prepared professionally to give you peace of mind. We will also visit you if required.
GENERAL POWER OF ATTORNEY
Preparation of General Power of Attorney
A General Power of Attorney is a document you can use to appoint someone to attend to your affairs (like financial decisions) when you are unable to for example, ie, if you were overseas. It is often used for a specific period of time or event such as selling a house. It is only used while you still have the capacity to make decisions. Once you lose the capacity to make decisions, the General of Power of Attorney ends.
Aylward Game Solicitors can assist you to decide who you are going to appoint as your attorney and help you through the procedure of what powers to provide the attorney and make ready the documents for you as well as witness your signature.
It lets you appoint individuals who you know and trust to make prudent decisions on your behalf. It is critical to choose the right people and to ensure that you give them the right powers at the time that they will need to use them.
ENDURING POWER OF ATTORNEY
Preparation of Enduring Power of Attorney
An Enduring Power of Attorney is a document that allows you to appoint an attorney or attorneys to act on your behalf for the purpose of financial and personal matters. It can come into play straight away, a certain date or when you lose the capacity to make your own decisions.
The power to make personal decisions made by your appointed attorney will only commence once you have lost capacity.
Aylward Game Solicitors can help you decide who is the best person to be your attorney to make these decisions then get the documents ready for you as well as witness your signature.
Enduring Powers of Attorney Revocation
Enduring Powers of Attorney are often attended to at the same time as discussing your Will.
It is also very important that if you have an Enduring Power of Attorney and are making changes, then you sign a Revocation of Enduring Powers of Attorney to properly revoke all previous Enduring Powers of Attorneys.
ADVANCED HEALTH DIRECTIVE
An Advanced Health Directive is a document that states your wishes or directions regarding your future health care for various medical conditions. It comes into effect only if you are unable to make your own decisions.
You can make an Advanced Health Directive if you are over the age of 18 and have the capacity to do so.
You can make an Advanced Health Directive at any time, however, it may be particularly important to consider one if:
You are about to be admitted to hospital;
Your medical condition is likely to affect your ability to make decisions;
You have a chronic medical condition that could result in serious complications, for example, kidney or heart disease.
It is important to discuss this with your doctor, as part of the Advance Health Directive Form must be completed by a doctor. It is also important to discuss your wishes with your family.
You can change or revoke your Advance Health Directive at any time, provided you still have the decision-making capacity to do so. It is recommended that you review your directive every two years, or if your health changes significantly.
ADMINISTRATION OF ESTATES
Brisbane Estates Administration
When you are faced with the work of administering an estate as the executor, you may keep away stress, avoid complications and the time it will take by hiring Aylward Game who can take care of the process on your behalf. You remain in control, but Aylward Game will handle all the difficult matters for you.
If there is no will we are able to advise and assist you in relation to the intestacy rules and if necessary we can prepare and submit the application to the Supreme Court of Queensland for the grant of letters of administration.
We will prepare the application to the Supreme Court of Queensland for the grant of probate when one is needed and help you concerning intestacy rules if and when needed. We may prepare plus submit your application to the Supreme Court of Queensland for grant of letters of administration.
For advice and help concerning the Estates Planning Administration, Wills and Enduring Powers of Attorneys, you may contact Ian Field on 1800 217 217 today at Aylward Game Solicitors.
