Search Legal Guides & Resources
Find expert legal guides and resources from experienced lawyers
72 articles found in Australia
Australian Supreme Courts only reseal probate grants from Commonwealth countries and recognized statutory jurisdictions. Grants from the United States, Europe, or Asia require a fresh court application. Foreign executors must...
Choosing between the Federal Court of Australia and State Supreme Courts (chiefly NSW or Victoria) turns on statutory jurisdiction, judge docket allocation, and speed to trial. Commercial litigation in Australia...
Main Purpose Contrast: Australian Voluntary Administration (VA) is a standalone, primary insolvency process designed to rescue an Australian company or transition it to liquidation. US Chapter 15 is an ancillary...
Australia operates a mandatory, suspensory merger review regime. Foreign acquirers meeting statutory notification thresholds must receive clearance from the Australian Competition and Consumer Commission (ACCC) before closing. Foreign Investment Review...
State-based Security of Payment Acts (SOPA) across Australia give contractors and subcontractors a statutory right to fast-track progress payments. Response windows for head contractors and project owners are strict, ranging...
FIRB approval is mandatory for cross-border deals exceeding monetary thresholds or involving sensitive sectors. A $0 threshold applies to foreign government investors and national security assets. Early ATO engagement on...
Statutory deadlines to challenge an Australian estate are strict and vary by state, ranging from 6 months post-probate to 12 months from the date of death. Overseas grants of probate...
Non-resident investors and foreign-owned entities must secure Foreign Investment Review Board (FIRB) approval before entering unconditional contracts for Australian real estate. Monetary notification thresholds depend on property type: vacant commercial...
Pre-action protocol compliance is mandatory: Under Australia's Civil Dispute Resolution Act 2011 (Cth), you must file a Genuine Steps Statement before starting Federal Court litigation, showing practical efforts to resolve...
Australia's mandatory merger control regime requires qualifying transactions to obtain ACCC clearance before closing. Administrative review before the ACCC is the main clearance route, while the Australian Competition Tribunal handles...
Most Australian workplaces are covered by the Fair Work Act 2009 (Cth), National Employment Standards (NES) and a modern award or enterprise agreement that set minimum pay and conditions. Strict...
Business migration requires personal capital investment, asset audits, and business leadership, whereas employer sponsorship relies on an Australian business hiring you. Employer sponsorship offers a faster entry and lower upfront...
Statutory enforcement is streamlined: If the originating country has a reciprocal treaty with Australia, registration is fast and avoids re-litigating the dispute. Common law applies otherwise: For non-treaty nations like...
Strategic Selection: Institutional arbitration is the preferred default for complex Australian energy projects due to administrative support and clear rules, while ad hoc arbitration offers maximum flexibility for highly sophisticated...
Australia Foreign Investment Reforms: Compliance for Offshore Funds Australia's foreign investment regime has undergone a significant shift, making compliance a top priority for offshore private equity and venture capital funds....
Commercial Litigation in Australia: Defending Foreign Subsidiaries For multinational corporations, expanding into the Australian market offers immense opportunities, but it also exposes the organization to unique legal risks. When an...
Resolving Shareholder Disputes in Australian Foreign Subsidiaries Establishing a subsidiary in Australia is a highly effective way for global parent companies to access the Asia-Pacific market. However, corporate governance deadlocks...
Australia's Class Action Landscape: Australia is the most active class action jurisdiction outside the United States, driven by a claimant-friendly legal framework. The "Opt-Out" Model: Class members are automatically included...
Local Law Prevails: Australian statutory minimums under the Fair Work Act 2009 override any foreign choice-of-law clauses in an executive's contract if they perform their primary duties in Australia. General...
If you are an overseas investor or temporary resident eyeing the Australian property market in 2026, you face a highly regulated, high-tax system designed to protect local housing supply. Buying...