Davityan Lawyers in Sydney, Australia | Property lawyer

Davityan Lawyers

Locality: Sydney, Australia

Phone: +61 2 9283 5290

Address: Suite 301, Level 3, 507 Kent Street 2000 Sydney, NSW, Australia

Website: http://www.davityanlawyers.com

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25.01.2022 FOREIGN INVESTMENT IN AUSTRALIA TIGHTENED The Federal Government has been conducting extensive reviews of the policies around Foreign Investment in Australia. From 29 March 2020, to protect international raids on struggling companies during the current pandemic, the threshold for determining whether particular foreign investments made are subject to approval from the Foreign Investment Review Board (FIRB) was temporarily reduced to Nil, thereby requiring all foreign investmen...t to be reviewed regardless of the value. The timings of the reviews may now take up to 6 months. In addition, on 31 July 2020, the Federal Government released the exposure draft of the Foreign Investment Reform (Protecting Australia’s National Security) Bill 2020 for public consultation which takes into account the reforms to Australia’s foreign investment framework announced on 5 June 2020. Submissions are due by 31 August 2020 and it will be interesting as to what the outcomes will be. We will keep you updated as more information becomes available. If you have a matter concerning foreign investment, Davityan Lawyers can assist you with your matter or with a Foreign Investment Review Board application. Contact our friendly team at [email protected] for more information.

25.01.2022 The Federal Government have announced an new inquiry into the family law and child support systems. This follows a proposal to merge the Family Court and Federal Circuit Court systems was announced earlier this year. Families who are currently or will be prospectively dealing with the Family law system should note that this may cause more delays. ... https://www.abc.net.au//federal-government-announ/11520368

25.01.2022 Call to overhaul Australias family law system to include kids in family court cases The current arrangement is seen to leave children open to being misinformed by their parents in custody cases. There is no obligation to engage children or hear their views, but that a judge may do so. National Childrens Commissioner Megan Mitchel believes that rather than a discretion, it should be a requirement. Findings of the Royal Commission into institutional responses to child sexual ...abuse shows that silencing kids never protects them. Children are often unsure of their rights, are confused about the outcome, and have little trust that their views are being properly represented in court. A new approach would ensure that court officials have the skills to communicate with young people. https://thewest.com.au//call-to-overhaul-australias-family If you require any assistance with your family law matter, please contact us on (02) 9283 5290.

24.01.2022 With the string of defect apartments and evacuations, how can you protect your interests as a purchaser? As with any product, its your pre-purchase searches that matter. Thorough inspection of the property, obtaining strata reports, checking the terms of your contract and researching the reliability of your builder and developer are just some ways you can avoid a bad commercial decision. If you have any concerns in relation to your property matter, contact the team at Davit...yan Lawyers for assistance! https://www.abc.net.au//apartment-tower-purchases/11294910

24.01.2022 Nationwide News has lost their appeal in the defamation suit against well-known actor Geoffrey Rush. Rush was awarded almost $2.9 million in damages last year over defamatory articles published by The Daily Telegraph in 2017. The articles alleged that Rush acted inappropriately towards his colleague Eryn Jean Norvill during their production of King Lear by the Sydney Theatre Company. Rush denied the claims, and the Court agreed. Rush was awarded $2.9 million in damages, incl...uding $1.9 million for past and future economic loss, $850,000 in general and aggravated damages and $42,000 in interest. Nationalwide News appealed this decision, arguing that the damages awarded were excessive and argued that the original judge, Justice Wigney, made several legal errors. The Full Federal Court of Australia dismissed Nationwide Newss appeal. The Full Federal Court found that Justice Wigneys findings "are not glaringly improbably, contrary to compelling inferences or inconsistent with incontrovertible facts or other uncontested testimony." For more information, please refer to this link: https://ab.co/2VF2BD4

21.01.2022 The Family Court is under strain as family law cases increase The purpose of the Family Court of Australia is to help families resolve their complex family disputes promptly, courteously and effectively. However, it has been experiencing a backlog of family law cases in the past couple of years, with a growth of 34% in the Family Court and more families waiting over 12 months to have their cases heard. There are ongoing delays as there are simply not enough Judges and other A...dministrative staff to adequately deliver the specialist services needed by the Australian public. This creates an immense financial and emotional burden on separating families, especially considering the unique needs of children and people affected by family violence. The fact of the matter is that unless the Courts resources are increased, the Family Court system will continue to be under strain. Nevertheless, the lack of funding encourages clients to explore alternate methods of dispute resolution that will be less expensive and more holistic. https://www.lawcouncil.asn.au//family-courts-need-urgent-f If you require any assistance with your family law matter, please contact us on (02) 9283 5290.

21.01.2022 After long speculation of interest rate cuts, the RBA has announced an all low cut of 1% with the 4 major banks passing on rate cuts at varying degrees. https://www.abc.net.au//rba-cuts-rates-to-a-new-l/11270464

20.01.2022 ACCC SUES GOOGLE FOR COLLECTING AUSTRALIA USERS DATA WITHOUT INFORMED CONSENT The Australian Competition and Consumer Commission (ACCC) has launched legal action against Google for the collection of Australian user data without peoples informed consent. The ACCC alleges that Google has collected "potentially very sensitive and private information" using technology that tracks a users internet browsing history on non-Google sites, and combined it with the personal informat...ion in users Google accounts. This has allowed Google to make a profit by delivering more targeted advertising, without properly informing users. The ACCC has stated that "millions of Australians have been affected", and that any website or mobile application that used Google ad technology has been affected, which includes "the vast majority of websites". The ACCC alleges that Google mislead consumers in 2016 when it changed its privacy policy and its data collection technology. Users were prompted to click an I Accept button to consent to the changes without explaining the significance of the changes. ACCC also claims that Google changed its privacy policy without obtaining consent from users, meaning that the privacy policy was misleading.

17.01.2022 Have you been living with your partner for more that 2 years? Do you have shared assets or even children together? If so, you are likely in a legal de facto relationship. Some people may be surprised to discover that in the eyes of the law, the breakdown of a legal de facto relationship is dealt with in a similar manner as that of divorce when it comes to distributing assets. Irrespective of marriage, a de facto partner may have claim to the others property, savings and sup...erannuation. If you require assistance with your legal matters, contact the team at Davityan Lawyers on (02) 9283 5290. https://www.abc.net.au//in-a-de-facto-relationshi/11174252

17.01.2022 Today, the High Court recognised a sperm donor as the legal father of his child. The man donated his sperm to a friend with the belief he would be involved in the childs life. When the mother decided to move overseas, the donor was determined to intervene. According to court documents, the donor shared ongoing financial and emotional support of the child and enjoyed an extremely close and secure relationship with the child. As a result, the Court ruled that the donor satisfi...ed the meaning of parent under the Family Law Act. Citation: Masson v Parsons [2019] HCA 21 If you need help with any family law matters, please contact the team at Davityan Lawyers today.

16.01.2022 The rising challenges to wills and estate planning Todays Australians are living longer lives which means people are gaining more assets. This rise in wealth has created an increasing number of challenges to wills. Previously when people were dying at the age of 60 or 65 their children were in similar phases of their lives which involved them having their own children, having jobs and a mortgage to pay. ... Now people who are dying at around the age of 90 are leaving behind adult children that are facing different issues. These adults may be experiencing divorces, second relationships, health problems or career disappointments. The cost of challenging wills can often be a barrier. However, reports have shown that people who have challenged a will have had a high rate of success with 77% of claims being successful. If you wish to review your will come visit Davityan Lawyers to consult advice from our friendly team of lawyers! https://www.intheblack.com//wealth-longevity-pose-new-chal

16.01.2022 As the Sydney housing market continues to decline, it is predicted that the median prices for homes in Sydney will fall below $1 million in the next three months - the first time in four years!

16.01.2022 Due to the recent outbreak of COVID-19, many renters have been unable to pay their rent on time. The COVID-19 virus outbreak has had significant impacts on every sector, and as a result, many individuals who were working in casual jobs no longer have an income. If a tenant is overdue on rent, then they are considered to be in rent arrears and have breached their tenancy agreement. Under the law, the landlord is allowed to give the tenant a non-payment termination notice after... rent has been unpaid for 14 days or more. The termination notice must be in writing, signed by the landlord or agent, and set out the address of the premises, the ground for the notice (non-payment) and the date that the landlord wants the tenant to vacate the premises. The landlord must give at least 14 days of notice for eviction. If you cannot afford to pay your rent due to the recent COVID-19 outbreak, the best course of action is to speak to your landlord as soon as possible. Your landlord may be empathetic and understanding of the situation, and you may be able to negotiate a lower rent or delay the payment. The landlord does not necessarily have to agree to any terms, and may still give you a termination notice, but in these difficult times it is better to let them know as soon as possible and see if an arrangement can be made.

14.01.2022 Australian Family Law System Under Review Again! Family Law in Australia is constantly under inspection with the 2019 Australian Law Reform Commission review resulting in more than 100 amendments to the Family Law Act. This year it will be examined again in a joint parliamentary committee inquiry chaired by Kevin Andrews. It has been argued that the Family Law system needs decision makers who are more equipped to deal with issues such as mental illness. Other major concerns ...addressed in the recent enquiry include: The safety of people involved in the system Enforcement of orders that were made by the courts The complexity of the law and the processes The expense of going through the system and the time it takes The accountability of those who were involved in the system The final report issued in 2019 ended up including 60 new recommendations. For any more enquiries regarding your rights in divorce settlements and other family law claims contact us today on (02) 9283 5290. https://www.abc.net.au//history-no-fault-divorce-/11931556

13.01.2022 Is it possible to avoid your tax liabilities during a divorce property settlement? Late last year, the High Court confirmed in Commissioner of Taxation v Tomaras (2018) HCA 62, confirmed that the Court has jurisdiction to make orders shifting the property interests of parties to a marriage, by substituting one party for the other as sole debtor to the Commissioner of Taxation in relation to income tax liabilities owed by the first party. Such an order is made pursuant to sect...ion 90AE of the Family Law Act 1975 (the Act). However, although it is possible to do so, the factors in section 90AE(3) of the Act must be considered by the Court in determining the appropriateness of such an order. Justice Gordon stated that the factors identified in subsections 90AE(3)(b) and (d), that is, that it is not foreseeable that making the order would result in the debt not being paid in full; and that, in all the circumstances, it is just and equitable to make the order, are unlikely to be satisfied. Nonetheless, it is crucial for married and de facto spouses to be aware that the Courts have power to make orders as part of a property settlement under the Act to shift one spouses tax liabilities to the other spouse, depending upon the circumstances. For further information, please contact our friendly team today!

12.01.2022 Did you know, according to the Australian Bureau of Statistics: - In 2017, there were 112,954 marriages registered in Australia. In the same year, there were 49,032 divorces granted in Australia - The number of marriages decreased by 4.7%, while the number of divorces increased by 5%, compared to 2016.

12.01.2022 FAMILY COURT BOMBER FOUND GUILTY OF 3 BOMBINGS The Supreme Court of New South Wales has found Leonard Warwick guilty of three murders and multiple bombings in the 1980s following a feud with his ex-wife. Warwick, a 73 year old former firefighter, was arrested in 2015 and pleaded not guilty to more than 20 charges. He would found guilty of all offences except the alleged shooting murder of his brother-in-law in 1980.... Warwick was found guilty of the shooting of Justice David Opas in his Woollahra front yard in 1980, after hearing Warwicks Court matter. Justice Richard Gee then heard Warwicks Court matter, before he was injured and his home in Belrose was destroyed by a bomb in 1984. The Family Court Registry building in Parramatta, where Warwicks matter was heard, was also bombed in 1984. Justice Ray Watsons home was bombed in 1984 as well, and Justice Watsons wife, Pearl, was killed when the explosive blew up as she entered her home. Minister Graham Wykes was killed during an explosion at a Jehovahs Witness church hall in 1985, that also injured several people inside. Warwick will return to Court for sentencing in August this year.

10.01.2022 Open banking will change Australias retail banking landscape. From 1 July 2019, the major banks will be required to provide access to customer data to third parties at the customers requests. Companies may then analyse that information to provide customers with better deals. This will benefit consumers, as products may be tailored to suit their personal financial circumstances. The Government has implemented open banking through a phase in approach. It is anticipated that by 1 July 2021, all other banks will be required to provide access to consumer, account, transaction and product data for phase 3 products including: personal loans, finance, leases and overdrafts.

10.01.2022 In Rizzo & Rizzo [2019] FCCA 105 (31 January 2019), the Court emphasised the importance of maintaining the requirement that "justice and equity" is rendered to each of the parties in property settlements. In this case, Court was required to determine whether to adopt a one-pool or two-pool approach in the consideration of the property and superannuation. The wife argued for the one-pool approach, based on her desire to retain the matrimonial home, which had an equity of... approximately $1 million. The Court stated that justice and equity in most cases involving an alteration of property interests leaves the Court to consider the ability of each of the parties to re-establish themselves after separation and after the making of property settlement orders. As the wifes proposal would have left the husband with virtually no tangible assets, and he would be placed in a net position of substantial debt, the wifes proposal could not be seen as affording justice and equity to both parties. As a result, a property order was made in accordance with the husbands proposal whereby the two real properties would be sold, the wife to receive 92.44% of the non-superannuation pool, and the super pool was divided as to 65:35 in the wifes favour. See more

09.01.2022 Last year, Westpac and ASIC, the corporate regulator, reached a settlement of $35m in relation to Westpacs breaches of responsible lending laws in the National Consumer Credit Protection Act. It was alleged that Westpac breached responsible lending laws by: 1. Failing to use the customers actual declared living costs in approving loans; and 2. Failing to properly assess whether applicants could make repayments for interest-only loans after the loans switched to high princi...pal and interest repayments. The Federal Court rejected the settlement on the basis that the parties did not agree on how many breached had occurred, and thus, why the $35m penalty was appropriate. As a result, Westpac and ASIC have had to re-litigate their case. The first day of hearings commenced yesterday, and may continue for another 7 days.

09.01.2022 Court closures and new hearing processes due to the outbreak of COVID-19. Today, the Family Court and Federal Circuit court of Australias Lionel Bowen Building in Sydney have been shut down due to the case of coronavirus. It is said that the Court will be closed for 24 hours from today. NSW, Victoria and Queensland and South Australia have announced all new jury trials will be cancelled as of next week. In other developments the Federal Court which handles everything from defamation trials to immigration appeals announced on Monday it would begin significantly increasing virtual court hearings, including dealing with all pre-trial hearings over the phone. For further information, please refer here: https://www.theaustralian.com.au//e6a2cb38ea1e06b55b3c7f36

09.01.2022 After buying, building and living on a block of land for 6 years, a NSW man has recently discovered that he doesnt in fact own it. What he had mistakenly purchased was a tree-covered block 40 metres away. Whilst conveyancing seems to be a deceivingly simple procedure, fraudulent or negligent conduct can have colossal effects on someones life and proprietary rights. ... Contact Davityan Lawyers today for your property enquiries. Were a PEXA member and are full equipped for 100% e-conveyancing! https://www.9news.com.au//99ba203a-c47f-4027-9f2b-7e951101

08.01.2022 ACCC SUES GOOGLE FOR COLLECTING AUSTRALIA USERS' DATA WITHOUT INFORMED CONSENT The Australian Competition and Consumer Commission (ACCC) has launched legal action against Google for the collection of Australian user data without people's informed consent. The ACCC alleges that Google has collected "potentially very sensitive and private information" using technology that tracks a user's internet browsing history on non-Google sites, and combined it with the personal informat...ion in users' Google accounts. This has allowed Google to make a profit by delivering more targeted advertising, without properly informing users. The ACCC has stated that "millions of Australians have been affected", and that any website or mobile application that used Google ad technology has been affected, which includes "the vast majority of websites". The ACCC alleges that Google mislead consumers in 2016 when it changed its privacy policy and its data collection technology. Users were prompted to click an 'I Accept' button to consent to the changes without explaining the significance of the changes. ACCC also claims that Google changed its privacy policy without obtaining consent from users, meaning that the privacy policy was misleading.

08.01.2022 What are squatters rights? Squatters may claim title to property through adverse possession, that is, by occupying the property for a certain amount of time. In this case, a property developer, Mr Bill Gertos successfully claimed squatters rights and was entitled to keep a $1.7m home in Sydneys inner west. Mr Gertos came across the unkept property in 1998, renovated it and began leasing it. In 2017, he successfully applied to be made owner of the land through squatters rights, despite the challenge by the last owners family. Want to know more about your property rights? Contact our team at Davityan Lawyers today!

07.01.2022 A Note From Us At Davityan Lawyers: We rise by lifting others" - Robert Ingersoll We want you to understand that our biggest commitment is to you, our clients. We want you to know that we are here to assist you with any questions or concerns that you may have, big or small.... If you have any questions about Family law, mortgages, child custody, visas or related legal topics, please contact us. We are here to help. Davityan Lawyers is committed to our clients. Whilst we have reduced our business hours, we are readily available through email at [email protected] to answer your queries. Thank you and stay safe, Davityan Lawyers

07.01.2022 Late last year, residents of the Opal Tower in Sydney Olympic Park were evacuated due to a structural deficiency which caused fears that the building might collapse. It seems that history has repeated itself, with a similar occurrence in Sydneys Mascot Towers late last week. An engineer raised concerns over safety for the residents, after inspecting cracking in the primary support structure and facade masonry of the apartment building. It has been reported that the unit own...ers will be required to pay for the buildings structural repairs, as the development does not come within the warranty protection. This leads to the question, should there be stronger homeowner protections? If you have any property issues, please contact our team at Davityan Lawyers today.

07.01.2022 On a lighter note, a woman in the United Arab Emirates is reportedly seeking a divorce from her husband because of his "extreme love and affection". The wife claims that her husband cleans the house, showers her with gifts and never argues with her. She told the court she desires "real discussion...not this hassle-free life full of obedience". In Australia, the Family Court does not consider which partner was at fault. The only ground for divorce is the irretrievable breakdown of the relationship, demonstrated by 12 months of separation.

06.01.2022 Parents need to follow court orders amid the COVID-19 outbreak. Shared parental responsibility can be difficult to manage. The current outbreak is not an excuse to cut another parent out. Parents are urged to push their emotions to the side and consider the best interests of the child. It is encouraged take a combined approach in keeping your children safe amid social distancing and isolation of the child. ... https://www.abc.net.au//managing-shared-custody-o/12067214 For further advice in relation to your Family Law matters, please feel free to contact our office on (02) 9283 5290.

06.01.2022 FACEBOOK PRIVACY SCANDAL Facebook has failed to convince the Australian Federal Court that it does not carry out business in Australia. In March 2020, the Office of the Australian Information Commissioner (OAIC) commenced legal proceedings against Facebook for allegedly breaching the privacy of over 300,000 Australians by using Facebook data to influence voters. OAIC assert that there was a serious data breach by Facebook passing on personal information to Cambridge Analytica..., a data analytics firm, for political profiling between March 2014 and May 2015. The data included people's names, dates of birth, emails, city locations, friends lists, page likes and in some cases, messages, to influence voters. Cambridge Analytica provided assistance to the Donald Trump political campaign in 2016 and worked with the Leave campaign in the UK Brexit referendum. OAIC has submitted that Facebook has breached privacy laws, exposing the data of 311,127 Australians and using their data for political profiling and purposes outside user expectations. On Monday, the Court found against Facebook, over their argument that they did not carry out any business in Australia at the time of the Cambridge Analytica scandal. The case is still ongoing and will proceed to trial in the near future. If you have a legal issue, contact our team at [email protected] to see how we can help you.

05.01.2022 Greater focus on confidentiality in Family Justice The private nature of family court hearings has created secrecy in family law matters. However, a recent High Court judgment has shown how worrying these levels of secrecy can be. Labour MP, Louise Haigh has called for an independent inquiry into the family courts. ... The Transparency Project is a charity which works to make family law courts more open. The Project believes that privacy can still be protected whilst achieving a greater sense of openness on family law matters. It should be noted however that the Family Law Courts are not as secret as they used to be, as legal bloggers are now joining journalists in court. Refer to the following article to read more on how the debate between transparency and privacy in family courts is being handled: https://www.lawgazette.co.uk//news-focus-c/5103102.article

04.01.2022 Be mindful of what you post on social media. It could cost you your job. A woman previously employed by the Department of Home Affairs was fired after she made comments criticising the Australian Government and their immigration policies. The High Court ruled that Australian Public Service employees must remain apolitical and ensure they uphold the integrity and reputation of their department. As a result, Ms. Banerjis claim for compensation was denied. ... Citation: Comcare v Banerji [2019] HCA 23 (7 Aug 2019)

04.01.2022 It may be easier than you might think to get into legal trouble over defamatory social media posts and comments. People, now more than ever, are taking social media posts seriously, and a 2018 study found that more than half of all defamation proceedings between 2013 and 2017 involved digital publications online. The rise of social media has meant that individuals are being taken to Court, rather than the media outlets themselves. So what constitutes a defamatory post? A def...amatory post or comment is a statement that have the potential to damage a persons reputation and cause them reputation or economic harm. This can include comments, posts, photographs and even Google reviews. You could get into trouble simply for sharing someones post, even if you didnt write it. Individuals will be treated as a publisher when sharing a defamatory post, and may be liable for any defamation that flows from the publication. The same rule applies for liking a post on Facebook or commenting on the post, as this means that the post will shown on peoples newsfeeds and thus cause more harm to the person being defamed. Only one person, other than the person being defamed, needs to read the post for it to constitute defamation. Defamation is not something to be taken lightly, and could have serious legal consequences. If you have a defamation issue or other legal issue, please contact our friendly team at: [email protected]

01.01.2022 Nemer Clans fortune in doubt after last-minute Will change sparks legal action. Seven of the eight children of Adelaide dry cleaning millionaire Antoine Nemer continue their battle in Court following the use of codicils by their Mother in the will with her late husband. Additional codicils (changes) to wills can be problematic and become the subject of disputes between beneficiaries. This conflict may often be avoided or mitigated through advice in relation to setting up a... mutual will or simply preparing a new will rather than making changes. If you require assistance with your Wills & Estates, contact us today on (02) 9283 5290 https://www.news.com.au///7d77a274ed6e3305e1a84bec82ba8993

01.01.2022 Australia is party to the Convention Providing a Uniform Law on the Form of an International Will 1973. This means if you have assets in the countries listed below, we can assist in drafting an International Will that is legally recognised and valid in those countries. An International Will allows for efficient administration of your estate and avoids the need for multiple wills for each jurisdiction. For more information, contact us today on (02) 9283 5290.

01.01.2022 For some time, Australian insolvency law has been unclear in how it deals with trading trusts. The recent High Court judgement of Carter Holt Harvey Woodproducts Australia Pty Ltd v The Commonwealth [2019] HCA 20 has ruled that companies trading in its own right or as trustees are subject to the same statutory priority provisions in s 433 of the Corporations Act. In this case, the ruling had clarified that regardless of the entity type or business structure, debts to employe...es were to take precedence over secured and unsecured creditors for the distribution of assets during the winding up of the corporate trustee. https://www.afr.com//insolvent-trusts-the-same-as-companie