On the 10th September, 2008, ANTIPPA LAWYERS succeeded in obtaining an award for costs on a Solicitor and Own client basis against the Defendant. Our client purchased a trailer. It was later discovered that the trailer was encumbered with a finance lease charge. The Vendor would not remove the finance lease. A court battle followed.
The Magistrate ordered that the Defendant should have removed the finance lease before selling the trailer to the Purchaser. He also ordered the Defendant pay the Purchaser’s legal costs on a Solicitor and own client indemnity basis.
The reason costs were order on this higher basis was because ANTIPPA LAWYERS successfully argued that the Defendant had no real defence.
We were successful in assisting an unlawful non-citizen to obtain a lawful visa.
A young Lebanese man came to Australia to live with his wife. He had met and married her overseas and she was Australian. A short time into the marriage, the marriage failed and his temporary spouse visa expired. He was required to return home to Lebanon, but he did not. He over-stayed his visa.
By chance, he met another woman some time later. She had two children of her own and she welcomed his assistance. He adored her children. A friendship formed and he associated well with her family.
Due to his strict religious tradition, he refused to become romantically involved with her until they married, which they did, in accordance with his religion. Some time, later, they had a child together.
Now with three children to care for, there was more need than ever for our client to obtain a visa. He needed a lawful visa and an urgent work permit to provide for his family. Just doing odd jobs to help others was not enough to pay the expenses. Also, he now had ambitions of establishing his own small business to ‘detail’ cars. He would be employing others to assist him.
We were lucky that he approached us before the immigration department compliance office detained him for deportation. If that had occurred, he would have been excluded from Australia for 5 years. This would have been devastating for his family. Even though he had a child with his second wife, this did not play a part in the considerations to allow our client to remain in Australia. The immigration laws do not grant exemptions for people who have children born in Australia.
We applied to the Minister to allow our client to apply for a visa. This was necessary due to his previous refusal of a permanent spouse visa to his first wife as he was no longer with her.
In the end, we were successful. Our client is now happily living with his family and contributing to Australian life
|Item no.||Type of clients||Their needs||Solution||Benefit|
|1||Small business owner||Expansion of business to another location||Purchase of property and convert to a business use.||Growth in business|
|2||Wife||Property division on break-down of marriage by analysis of Husband’s companies & investments.||Out-of-court settlement||Move on with her life independently of Husband.|
|3||Small investor||Lower tax||Formation of Self Managed Super Fund||Provide for retirement|
|4||Shopkeeper||Move shop into larger premises||Negotiate new commercial lease||Security of business with monetary benefits|
|5||Small shopkeeper||Establish a food business||Acquire liquor & health licences, business name, company & trust||Start a business|
|6||Franchisee||Buy into a franchise||Check franchise, lease & licence documents & transfer all privileges||Be your own boss|
|7||Executor of deceased estate||Call in & distribute money from deceased estate||Obtain Probate of Will; sell house & shares, get money from banks; distribute proceeds||Inheritance|
|8||Teacher||Compensation for wrongful dismissal||Out-of-court settlement||Vindication|
|9||Migrant||Permanent visa to live in Australia||Proof that client’s skills are needed in Australia||Start a new life|
|10||Medium-sized business owner||Bought business which did not return the expected profits||County Court & Court of Appeal||Order for compensation & refund of business|
|11||House wife||Broke tooth when bit into pizza||Out-of-court settlement||Compensation for repair to tooth and pain & suffering|
|12||Shop owner||Customer of tenant fell in shop||Out-of-court settlement||Limitation of monetary claim|