FCG Legal Pty Ltd.

Immigration Law

The Migration Division includes solicitors with accredited specialist knowledge. Our lawyers provide assistance in all aspects of migration law and practice including but not limited to:

• Business migration
• Family and partner visas
• Parent migration
• Distinguished talent visas
• Employer sponsored migration
• Skilled migration
• Resident return visas
• Refugee and humanitarian visas
• Citizenship

This Division is able to assist clients with the preparation and lodgment of visa and citizenship applications, and with various steps in the processing of applications including responding to request for more information and invitation to comment letters.

Our lawyers have experience in cases with incorrect information or bogus documents, PIC 4020, health, identity, and genuineness concerns. This Division also assists in all visa cancellation matters including character cancellations, student visa cancellations and compliance issues.

The Migration Division has significant experience in acting for clients in review applications, both merits review applications at the Administrative Appeals Tribunal (AAT), and judicial review applications filed in the Federal Circuit Court (FCC), the Federal Court and the High Court of Australia.

Our lawyers have specialist expertise in dealing with complex judicial and merits review cases.  This Division also assists clients with making representations to the Minister to exercise his discretion in the public interest, depending on the circumstances of the case.

The firm acts for both public and private corporations, government instrumentalities, consulates and private individuals in relation to their migration matters and also frequently assists and works in conjunction with other lawyers and migration agents in complex cases.

The Migration Division is staffed by lawyers, including those with Law Institute Accredited Specialisation in immigration law.

One specialist lawyer is the current chairperson of the advisory committee in immigration law to the Specialisation Board of the Law Institute of Victoria and has been listed in Best Lawyers for immigration law.

Some of our lawyers have been lecturing in immigration law at the College of Law and Justice, Victoria University for almost 30 years.

Complaints to Office of the Migration Agents Registration Authority (OMARA) or other relevant agencies including Legal Services Board

FCG’s Migration Division is able to assist with complaints made to OMARA and the relevant State Legal Services Board against migration agents and legal practitioners.  It also assists in any subsequent review by the AAT or VCAT.

How we assist lawyers and migration agents includes:

• Strategic and pre-emptive advice relating to complaints and other matters
• Second opinions for complex cases
• Preparing and reviewing fee estimates and agreements for fees and services
• Preparation of complex submissions to the Department of Home Affairs and Administrative Appeals Tribunal
• Appearances before the Administrative Appeals Tribunal

Immigration Compliance and Audit Requirements

FCG’s Migration Division is able to assist businesses and companies with their compliance with migration laws and procedures, especially regarding the hiring of non-citizen personnel.

The Migration Act and Regulations are extremely prescriptive in nature and businesses need to ensure compliance with these regulations FCG’s Migration Division is able to assist with the audit of personnel files and systems to ensure compliance with the strict regulatory regime.

Commercial, Business & Property Law

Commercial law deals with issues related to sole traders, partnership, companies (public and private), joint ventures and trusts.

FCG Legal is able to assist with the provision of advice in relation to company law, business law and taxation law matters. It also provides assistance in relation to employment law, sale of business and trade practices and commercial and residential property development.

The division provides services to clients throughout Asia with several of its lawyers admitted to practice in Asian jurisdictions.

FCG Legal’s Property Law division handles matters in conveyancing, mortgages, leasing and development including seeking council approval in rezoning and subdivision in both the residential and commercial areas.

Whether it be the purchase or sale of the family home or a large scale commercial development, FCG Legal’s experience and extensive knowledge in this area will ensure that you will experience a smooth transaction or are at the very least be equipped with the tools to handle the most sophisticated of legal issues.

Court Cases (Civil and Criminal) and Dispute Resolution

Members of this division have considerable experience and expertise in all aspects of litigation including civil, commercial litigation and criminal matters. The division has expertise in handling complex litigation and is attentive and responsive to the needs of clients in delivering practical, cost-effective solutions.

The Head of this division is Andrew Flower who is our Special Counsel.

Specifically, our litigation division assists with the following matters:

1. Property disputes and lease disputes

• Vendor/purchaser disputes.
• Retail leases disputes including by reference to the small business commissioner and VCAT litigation.
• Disputes regarding caveats.
• Adverse possession and easements.
• General lease disputes.
• Priorities cases.
• Mortgage cases.

2. Corporations litigation

• Winding up proceedings.
• Oppression proceedings.
• Insolvent trading cases
• Preference claims
• Taxation consequences and directors penalty notices.
• Directors’ duties.

3. Employment and industrial relations

• Executive dismissal.
• FWC unfair dismissal cases.
• General protections cases.
• General industrial disputes.
• Confidential information injunctions and proceedings.
• Restraint of trade injunctions and proceedings.

4. Competition and consumer law litigation

• Unfair and unconscionable contracts.
• Consumer protection.
• Misleading and deceptive conduct.

5. Partnership disputes

6. General disputes arising out of breach of contract

7. Negligence and other torts

• Professional negligence.
• Economic loss claims.
• Nuisance cases

8. Building litigation including domestic building disputes in VCAT.

9. Confiscation and proceeds of crime litigation in relation to State and Federal legislation.

10. Insurance litigation arising out of the conduct of insurers including refusal of insurance and denial of indemnity.

11. Trusts litigation

• Breach of trustees duties.
• Review of trustees’ discretion.
• Wills and estates disputes.
• Superannuation disputes; Courts and Superannuation Complaints Tribunal.
• Removal of trustees.

12. Investigative bodies – Review and challenge of administrative investigative bodies such as ASIC, ACCC, Fair Work Ombudsman and others.

13. Banking and finance litigation

• Loan and debt recovery.
• Unconscionable conduct.
• Complaints to Banking Ombudsman
• Enforcement of securities and charges

14. Planning and local government disputes

15. General administrative law

• Administrative review in the Court.
• VCAT cases.
• AAT cases.
• Federal administrative review.
• State and Federal Ombudsman.

16. Bankruptcy disputes and litigation

• Bankruptcy petitions.
• Preference cases.
• Priorities disputes.

The firm refers personal injuries litigation to other specialist law firms.

Criminal Law

We provide assistance in all facets of criminal law including:

• Police interview
• White collar crime
• Indictable offences
• Criminal defence
• Taxation prosecution
• Traffic and other summary offences
• Bail Applications
• Drug Offences
• Extradition
• Non-police prosecutions including prosecutions by Australian Securities and Investment Commission, Fair Work Ombudsman, Australian Consumer and Competition commission, Australian Crime Commission, Health Act offences, Food Act prosecutions and WorkCover authority prosecutions.

Wills & Probate

The laws of succession allow for an individual to direct the distribution of their assets upon their passing.

Whilst the laws of succession can be complicated, our lawyers have both the technical knowledge and extensive experience to ensure that your final intentions are carried out in the manner that you desire.

Our lawyers can provide comprehensive legal advice and assistance with regards to wills, probate, succession planning and estate litigation.