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Monday 9am - 5pm Tuesday 9am - 5pm Wednesday 9am - 5pm Thursday 9am - 5pm Friday 9am - 5pm

Liang & Co Lawyers, 15/11 Lorisch Way, Rochedale (2026)

15/06/2022

🏡| Conveyancing - Purchase of Property | 🏡

Thinking of purchasing a property either as your first home, or an investment and don't know where to start? Contact us today and we will asisst you with your legal queries.

Why choose Liang & Co Lawyers? Here are a couple of 5 Star Positive Google Reviews by our clients:

Mr Conrad Rebello
"We just completed the settlement in Brisbane. Helen was very helpful and professional in handling the conveyancing for us as the sellers agent.
Although there was some issues with the buyers getting their finance approval in time for settlement Helen promptly corresponded, advised us, and kept us updated .
Our settlement finally went through today and we are very happy.
We would gladly recommend Liang & Co Lawyers."

and

Mr David Li
"In my recent transaction with Liang Co Lawyers, I found Helen was always available whenever needed. She was thorough and professional. During my transaction, she reminded the seller's lawyer of the seller's GST liability, which was missed initially. She has been very reliable and upfront. I would not hesitate to recommend her to my friends."

What are you waiting for? Contact us today for more information and assistance with your transactions and legal queries.

01/06/2022

| Affected by COVID-19 overseas, but urgently need a qualified witness for your mortgage and property registration documents?|

Most Titles Queensland forms must be signed and dated in the presence of a qualified witness.

If the form is being witnessed outside Australia, the witness should be:
- an Australian consular officer or authorised employee of the Australian Government; or
- a notary public; or
- an Australian lawyer.

However, if you are in quarantine or isolation due to COVID-19 this will not be possible. Since 6 April 2020 (until further notice), with the COVID-19 situation, Titles Queensland have provided some guidance on alternative witnessing provisions that can be used to assist in witnessing of documents, where the document lodgement cannot be delayed.

One of the alternative witnessing provisions provide that in situations where a person is in COVID-19 related quarantine or isolation, it will be acceptable for the witness to view the individual signing the instrument live via some form of video link (e.g. Skype).

The executing individual should hold the instrument up to the video link to enable the witness to confirm it is the relevant instrument and note or screenshot the terms of the instrument. (Where possible, the individual should also send a photo of the signed instrument to the witness.) The witness should confirm verbally with the individual what they have signed, either through the video or through a separate phone call.

Once the individual has signed the instrument, the preferred action would be for the individual to have the instrument collected and delivered or posted to the witness. The witness would compare the instrument with their notes or photo and, if there have been no changes to the instrument, wet sign it as witness, and lodge it or deliver it to the appropriate person for lodging.

If delivery is not possible, once signed (and watched via video link and confirmed verbally by the witness) the instrument could be scanned or photographed, then emailed to the witness who will print it and wet sign it, as witness, and lodge it or deliver it to the appropriate person for lodging.

We have assisted some of our clients in accordance with the above alternative witnessing provisions. Please let us know if you need our help in this regard.

26/05/2022

| Divorce Applications |

Foreigner, short marriage without a Counselling Certificate? We are here to help:

In 2021 we assisted a client who stalled in the process of his divorce application, when he realised that he needed a 'Counselling Certificate'. He held a temporary student visa and his marriage lasted for less than two years. For couples who seek a divorce for less than two years of marriage, the applicant must obtain a Counselling Certificate. To successfully obtain a Counselling Certificate, the couple must attend counselling and the counsellor completes and returns the Form to the Applicant. Our client could not apply for such Certificate as his then wife would not do so.

We interviewed the client to understand his personal circumstances and situation. Upon completing the interview, we completed the necessary documents and filed an Affidavit explaining the applicable special circumstances. With our expertise and knowledge, we were able to successfully obtain the divorce for our client. Our client is able to start a new chapter in his life with his new wife.

Consent orders does not mean you are divorced:

We had a recent client who sought our advice regarding a Consent Order dated over 10 years ago. When we advised her the implications of the Consent Order, she was stunned as she believed that the Consent Order from 10 years ago was the official divorce order as well all this time.

We explained that a Consent Order and a divorce are different. We then proceeded to assist our client with the preparation and lodgement for her divorce application. She said she was lucky in obtaining the consent orders first rather than the divorce order. Otherwise, she would be in great trouble to sort out her financials due to the time restraint. A married couple must apply for a property settlement within 12 months of a divorce finalisation, Couples who fail to commence property settlement proceedings within these time limits may lose their ability to apply to the Court. However, it is possible to seek the Court’s permission to apply for a property settlement “out of time”. This is not guaranteed and can be quite costly.

If you require assistance in this regards, please do not hesitate to contact us!

12/05/2022

| Foreign Investment Review Board | Application |

FIRB Application: the one condition many tend to overlook - what is that condition?

Temporary residents with valid visas will normally be allowed to purchase only one (1) established dwelling to live in as their residence (home) in Australia, subject to the conditions that they:

(a) use the property as their principal place of residence in Australia;

(b) do not rent any part of the property, including ensuring that it is vacant at settlement; and

(c) sell the property within three months from when it ceases to be their principal place of residence.

Most people understand the above three conditions, unfortunately, the above condition (b) in particular, including ensuring that it is vacant at settlement, is the point that is overlooked by many when the FIRB application is lodged. Before a foreign resident enters into a property purchase contract, due consideration should be given whether there is an active tenancy agreement at the property and if so, the expiration date must be prior to settlement.

Part of the conditions of purchasing an established dwelling is that it must not be rented out and it must be vacant at settlement. Acquiring the property with an active tenancy agreement would therefore be a breach of the foreign investment policy and generally not be approved.

A temporary resident is an individual who:
(a) holds a temporary visa that permits them to remain in Australia for a continuous period of more than 12 months (regardless of how long is remaining on the visa); or

(b) is residing in Australia, has submitted an application for a permanent visa and holds a bridging visa which permits them to stay in Australia until that application has been finalised.

New Dwellings
Temporary residents will normally be allowed to purchase new dwellings in Australia without being subject to any conditions.
Temporary residents may purchase new dwellings in addition to one established dwelling (that is used as their primary residence). There is no limit on the number of new dwellings a temporary resident may purchase, but approval is generally required prior to each acquisition.

A new dwelling is a dwelling that will be, is being, or has been built on residential land, has not been previously sold as a dwelling, and has either:
(a) not been previously occupied; or

(b) if the dwelling is part of a development (50 or more dwellings) and was sold by the developer of that development, has not been previously occupied for more than 12 months.

New dwellings do not include established residential real estate that has been refurbished or renovated.

A single dwelling that has been built to replace one or more demolished established dwellings would generally not be treated as a new dwelling for the purposes of Australia’s foreign investment framework.

If you require assistance and/or advice to progress your transaction and safeguard your assets in Australia, please contact us.

12/05/2022

| Employment Law |

Represented an employer: In 2019, we acted for an employer for a said unfair dismissal dispute lodged by a part time employee of his company.

We were asked to review the facts and advise whether the employer could justify the termination and a fight between the parties, otherwise, our client would be required to pay significant compensation to the employee.

We reviewed the facts over the weekend and found that the termination of employment was justified due to the employee’s serious misconduct consisting of; company theft, provision of the incorrect product for the price charged, and violence towards his employer.

Within 24 hours after receipt of our response, the employee instructed his lawyer to withdraw his claim for unfair dismissal from the Fair Work Commission.

Represented an employee: In late 2020, we were approached by Mr Yu regarding this termination of employment. We reviewed all the facts and found that the termination might was not justified, and was too harsh.

We advised him to apply for an Unfair Dismissal Remedy with the Fair Work Commission and we were pleased to hear that his employer was willing to settle just 2 days before Christmas.
He received the compensation sooner after Christmas.

What a great Christmas gift for him and we wish him all the success

If you have any concerns in your workplace regarding your employer or employee and are not sure of your rights, please contact us.

12/05/2022

| Immigration Law |

We love what we do for our clients. Here is an amazing review that makes us enjoy what we do!

"Thanks Liang & Co Lawyers for successfully helping me obtain 132 visa grant in 2021. As a business owner in China, I have limited knowledge about the visa application process although my work involves exporting goods to Australia and other countries. Helen was very patient, skilful and experienced in guiding me through the procedure of one of the most complicated visa application. For example, the first step was to engage a professional auditor to audit my financials to prove my eligibility for the total net assets in the qualifying businesses gained over at least 2 of the 4 fiscal years immediately before I was invited to apply for this visa. Then we moved to state nomination. During the procedure, she helped me a lot such as how to gather required documents, how to prove eligibility, etc. I think her previous experience as a journalist in China meant a lot. Her assistance was extensive, down to details, high professional level, for example, she drafted my business plan. Before that she interviewed me. Her draft of my business career as a story telling, was amazing, convinced and impressive. From that moment I believed my application should be successful because I trust no officer would decline such a qualified candidate.
If you wish to immigrate to Australia as a business owner, Helen Liang is your absolute first choice. I thank her to achieve my dream. I would highly recommend Liang & Co Lawyers for anyone seeking their services."

If you require assistance with your visa application, please contact us today.

10/05/2022

| Wills & Estates |

In the past two years, in this COVID-19 situation, many of us have been living in times of uncertainty. Some of us have not seen our loved ones in that time and some of us have lost those dear to us. We extend our sympathy to those who have lost loved ones and provide our support to you. Our sad story is that, we delivered a couple of Wills for our lovey clients. However, shortly after the ex*****on of the Wills, we were asked to provide a probate application for the Executors under the Wills as our client had sadly passed away. We extended our sincere condolences to her grieving family. It left us thinking how prepared and proactive she was in organising her Will to ensure her family was not put in a difficult situation after her passing.

In these uncertain times, it is best to prepare ahead for your future and to ensure you protect your assests for the future of your family. If you are also uncertain and don't know where to start, please get in contact with us and we can assist you with the best advice for your situation.

10/05/2022

| Family Law |

We are human beings. We fall in love and get married, we enjoy the relationship with our loved ones. However, when it comes to a divorce and property settlement, it is not enjoyable at all.

The waters can get murky when the parties to a family dispute are involved.

A client of ours approached us for assistance in a divorce application and property settlement. She is from a wealthy family bringing significant assets to the relationship, however, it was her blind love that had ruled out a prenuptial agreement. Her husband demanded half and half division of the assets. His basis of claim was the length of marriage although his contribution was nominal. His claim was not successful eventually after our successful negotiations.

However, the stress our client suffered has given her a lesson which is how vital a financial agreement prior to a marriage can be. Her parents’ reflection is that it would be good if they had initially set up a family trust to hold the properties they purchased for their daughter rather than in her individual name.

Financial agreements can be made before, during, or after a relationship ends.

You have to finalise a property settlement within 12 months after your divorce, or 2 years after you separate if you were in a de facto relationship.

There is no waiting time after you separate, before you can start a family law property settlement.

If you choose to leave your property settlement to a later date, the court will look at all property available for distribution at the date of the proceedings rather than the date of separation. This means that all additional property and debt gained after the separation will be considered.

Be quick and be prepared.

Feel free to contact us if you seek advice for divorce and financial agreement and property settlement.

10/05/2022

| Conveyancing & Property Law |

Transferring title from the bare trust to the Self Managed Superannuation Fund (SMSF).

We have recently been engaged again to transfer a property title from the bare trust to the SMSF in accordance with the relevant legislations such as Superannuation Industry (Supervision) Act 1993 (Cwlth) and the Duties Act 2001.

This is a very interesting area as it is different from other transfers such as severance of a Joint Tenancy-request to record death and transfer of property title by gifting and transfer property without selling.

We would like to share our insight.

The key consideration is what is the applicable stamp duty exemption and what are the requirements?

Our findings are that in the instance of using a custodian trust to hold fund property by the Superannuation Industry (Supervision) Act, a transfer or agreement for transfer of an acquirable asset would be exempted:

(a) from the trustee of a complying superannuation fund that is regulated by the ATO to the custodian for the trustee if, on completion, the asset will be held on trust by the custodian for the trustee.

(b) from the custodian for the trustee of a complying superannuation fund that is regulated by the ATO to the trustee if, immediately before the transfer, the acquirable asset was held by the custodian for the trustee.

If you hold property under a bare trust and need to transfer to your SFSM, please contact us.

10/05/2022

| Commercial and Corporate Law |

We understand that in Australia approximately 98% of businesses are considered small to medium sized. Due to its limited resources and budget, as lawyers, we must ensure that our clients receive the most appropriate, beneficial and cost effective legal advice suitable to their needs and individual business circumstances such as his or her business experiences, English language level and financial status.

For instance, when someone decides to purcahse a business with premises within a shopping centre, one of the considerations includes advising whether an Assignment of Lease or entering into a new Lease would be in the client’s best interest. In some circumstances, advices may include how to take advantage of the key dates of special conditions for the client’s best interest.

We recently acted in a business purchase matter for a client, and we were moved by his amazing positive feedback, "As a chef, I had a dream to be my own boss of my restaurant. After years of saving of money, Liang & Co Lawyers helped me achieve my dream. From negotiating the special conditions of the purchase contract, applying for a new lease and city council food business licence, to settlement to business name transfer. I would not have been able to get through it without their thoughtful help. For the first time, I knew why I should not choose assignment of lease". In addition, our client was able to extend the settlement to a later date. By doing so, we helped save our client at least $4,000.00.

For many new business owners, purchasing for the first time may seem like a duanting task with various legal documents that need to be read and checked. If you are not sure where to start and are looking for legal advice, we are here to help with all your legal questions and assist you in a smooth transaction. We would love to hear from you regarding your situation.

Our major transactions in the Corporate and Commercial Property Law include but not limited to the following:

- In 2018, we were engaged by one of China's leading International Law firms to undertake due diligence investigations for its client’s (one of the leading technology giants) proposed acquisition in Australia;

- In 2018, we were engaged by one of the leading private flour groups companies in China to provide legal advice regarding its Australian subsidiary;

- In 2019, we proudly delivered our services to our client for a commercial property acquisition over $4.5 million. Our work included negotiating property for sale contract, due diligence investigation, negotiating with seller’s lender for amendments to the existing Side Deed and other related agreements;

- In 2020, we acted for our clients as the landlord in resolving the long standing disputes with their tenants. We have also acted for our clients as the tenants in dispute resolution with their landlord; and

- In 2021, we were proudly engaged by a boutique company for its switchboards business acquisitions. We successfully delivered due diligence investigation, completion of transaction and related new lease.

- Since 2018-2022, we acted for a number of clients for their management rights, business purchases and franchise business acquisitions.

Contact us today to see how we can assist you in your path to success.
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10/05/2022

We are pleased to launch our page platform. Creating a new and innovative way for clients to reach out to us. We are a Brisbane-based boutique law firm practicing in the areas listed on the flyer above. If you or someone you know require any of the above services, we would love to hear from you. Feel free to reach out to us by call, text, email, Instagram or Facebook message.

Liang & Co Lawyers

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Monday	9am - 5pm
Tuesday	9am - 5pm
Wednesday	9am - 5pm
Thursday	9am - 5pm
Friday	9am - 5pm