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Thinking of employing a skilled worker, or working for someone with your skills, but do not currently hold a visa to work in Australia? An Employer-Sponsored Visa may help resolve this dilemma. The Employer-Sponsored Visa program allows Australian employers to nominate overseas workers for positions that cannot easily be filled by local employees. For many migrants, an employer-sponsored visa provides a pathway to long-term employment and, in some cases, permanent residency. However, navigating the requirements, obligations, and eligibility criteria of these visas can be complex for both employers and applicants. We are able to help you through the whole journey from sponsorship to visa application. The Employer-Sponsored Visa program includes three main visa subclasses: subclass 482, subclass 494, and subclass 186. Each visa subclass has different requirements in relation to the nominated occupation, employment location, the applicant’s work experience and English skills. Given the frequent updates to policies and requirements, navigating this visa pathway can become complex and overwhelming. If you are considering whether any of the visa subclasses are suitable for your circumstances, now is the time to seek the right guidance. Our experienced solicitors in our Immigration team are ready to assist you at every stage, from initial eligibility assessment through to application and compliance, ensuring a smooth, efficient process while minimising risk and stress. Book an initial consultation with Coco Zu to discuss your situation, explore your options, and settle on a strategic plan tailored to your needs. With the right legal support and guidance from the start, CJM Lawyers can make all the difference to your future in Australia. Contact our office on 1300 245 299 or email info@cjmlaw.com.au to get started now!

Recovering unpaid debts is a critical concern for businesses and individuals alike. While some may attempt to recover debts independently, engaging a lawyer offers significant advantages that can enhance the likelihood of successful recovery and protect the creditor’s interests throughout the process. 1. Legal Knowledge and Strategic Guidance Lawyers possess a comprehensive understanding of debt recovery laws, including relevant statutes, regulations, and procedural requirements. They can assess the merits of a claim, advise on the most effective recovery strategies, and ensure compliance with all legal obligations, thereby reducing the risk of procedural errors that could jeopardize the claim. 2. Professional Communication and Negotiation A lawyer’s involvement often signals to the debtor the seriousness of the creditor’s intent to recover the debt. Lawyers are skilled negotiators who can engage with debtors professionally, increasing the likelihood of reaching a settlement without the need for litigation. Their ability to draft and send formal demand letters can prompt payment or constructive dialogue. 3. Efficient Litigation and Enforcement Should negotiation fail, lawyers are equipped to initiate legal proceedings efficiently. They can prepare and file court documents, represent the creditor in hearings, and pursue enforcement actions such as garnishments, charging orders, or asset seizures. Their familiarity with court processes ensures that the matter progresses without unnecessary delay. 4. Risk Mitigation and Compliance Debt recovery efforts must comply with laws and regulations. Lawyers can ensure that all actions taken are lawful, thereby minimising the risk of counterclaims or regulatory penalties. 5. Maximising Recovery and Cost Efficiency By leveraging legal tools such as statutory interest, costs recovery, and security interests, lawyers can maximise the amount recovered. Their ability to assess the debtor’s financial position and identify available assets further enhances the prospects of successful recovery. Conclusion Engaging a lawyer in the debt recovery process provides creditors with legal knowledge, strategic advantage, and procedural efficiency. This professional support not only increases the likelihood of recovering unpaid debts but also ensures that the creditor’s rights are protected throughout the process. Speak to a member of our Debt Recovery team today by contacting our office on 1300 245 299 or via email at info@cjmlaw.com.au . Our team are backed by years of experience to provide practical, commercially focused guidance tailored to your specific circumstances and we strive to achieve great outcomes. To recover what you’re owed with confidence, let CJM Lawyers provide you with the right legal knowledge and support today!

When thinking of estate planning most people consider only the most important document, their Wills. But a document that is often overlooked is an Enduring Power of Attorney document (‘EPA’). Despite the importance of this document most individuals delay preparing this document until its too late. An EPA allows you to appoint a trusted person (a family member, friend, or professional (e.g. solicitor or accountant) to legally act on your behalf and make financial and or personal decisions when you are unable to do so yourself (if you lose the capacity) Without a valid EPA in place, your loved ones may face significant difficulties if something unexpected happens and you were suddenly unable to manage your finances or make important decisions. Your family and friends may need to undergo a time-consuming, costly and stressful process of applying through a tribunal or court to be formally appointed to act for you. This is not ideal especially during an already challenging time. Further an EPA ensures that the person chosen as your attorney to make decisions for you is someone you have personally chosen and trust. Just because you have an EPA does not mean you suddenly lose control of managing your own affairs. It simply means that you have planned ahead should your circumstances change with no notice. Whilst you have capacity any decision making for yourself remains your own. It is also important to note that each Australian jurisdiction has its own specific documents that encompasses an EPA. Seeking advice relevant to your location can ensure the correct documents are prepared for you.

Australia’s anti-money laundering and counter-terrorism financing (AML/CTF) regime is undergoing significant reform, with the long-anticipated “Tranche 2” reforms set to reshape the regulatory landscape. What Are the Tranche 2 Reforms? Since the introduction of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006, Australia’s AML/CTF regime has applied primarily to financial institutions, gambling providers and certain remittance services. Tranche 2 reforms will extend these obligations to additional high-risk sectors, including legal practitioners, accountants, trust and company service providers, real estate professionals and dealers in precious metals and stones. Key Compliance Obligations Entities newly captured under Tranche 2 will be required to: Enrol and register with AUSTRAC from 31 March 2026. Develop and maintain a compliant AML/CTF Program before 1 July 2026. Undertake customer due diligence (CDD), including identification and verification of clients and beneficial owners. Conduct ongoing customer monitoring. Report suspicious matters, threshold transactions and annual reports on an ongoing basis; and Maintain appropriate records and governance controls. Increased Regulatory Scrutiny and Enforcement AUSTRAC has demonstrated a willingness to take strong enforcement action against non compliant entities in recent years. With the expansion of the regime, newly regulated sectors can expect heightened supervisory engagement, including audits and enforcement proceedings where serious deficiencies are identified. Preparing for the Transition Although transitional periods are anticipated, affected businesses should begin preparing now. Early action may include conducting preliminary risk assessments, mapping services against designated activities, reviewing client onboarding procedures, and engaging external advisors to assist with program design and implementation. The Tranche 2 reforms represent one of the most recent substantial expansions of Australia’s financial crime regulatory framework. For many organisations, compliance will not simply be a box-ticking exercise, but a fundamental operational adjustment. How Can We Help? At CJM Lawyers, we have been closely monitoring the evolving AML/CTF regime for years through our experience in advising Tranche 1 entities of their compliance obligations. Our team can assist with risk assessments, AML/CTF program development, governance reviews, and regulatory engagement to ensure your organisation remains compliant. In a rapidly changing legal and regulatory landscape, proactive and ongoing advice is essential — and we are here to help you stay regulated, protected and prepared. Arrange for a meeting with a member of our experienced regulatory compliance team to see how we can help you navigate this new area with confidence.

Preparing a Contract for Sale of Land in NSW is a critical step in any property transaction. For vendors, the contract sets the legal framework for the sale and defines the rights and obligations once contracts are exchanged. Errors or omissions at this stage can expose a vendor to issues such as delays and disputes.  In NSW, a property cannot be marketed for sale without a draft Contract for Sale. The contract must include prescribed documents, also known as vendor disclosure documents. These include: a current title search; a plan of the land; relevant dealings affecting the land; a Council Planning (section 10.7) Certificate; and a sewerage diagram. Depending on the property, additional documents may be required, such as strata records, pool compliance or non-compliance certificate or notices affecting use or development. The consequences of missing disclosure documents can be significant. A purchaser may have a statutory right to rescind the contract within 14 days after exchange if certain prescribed documents are not included, which can result in a sale being terminated even where price and key terms have been agreed. It is also important that proper special conditions are drafted. These can address things such as potential property issues, manage tenancy arrangements and tailor settlement terms. Poorly drafted or missing conditions often lead to disputes, which can cause delays in settlement, prompt renegotiation or allow the purchaser to rescind the contract. Timing is also important. Preparing the contract early allows potential issues to be identified before a property is listed. This reduces pressure during negotiations and helps avoid last minute amendments that can unsettle a transaction or lead to a purchaser withdrawing. CJM Lawyers assists vendors across NSW with the preparation of Contracts for Sale of Land, ensuring that disclosure obligations are met and that the contract accurately reflects the property and the vendor’s position. We provide practical advice on risk management, special conditions and settlement planning. A well prepared contract is the foundation of a smooth property sale. Early legal advice can reduce risk, protect value and support a timely settlement. If you would like advice on preparing a Contract for Sale, contact the CJM Lawyers NSW property team.

You’ve served your payment schedule disputing a construction payment claim. Now the claimant has applied for adjudication. What happens next? Many respondents enter the adjudication process unprepared, not realising how quickly decisions are made or how binding they are. Understanding the adjudication process under Queensland’s Building Industry Fairness (Security of Payment) Act 2017 and NSW’s Building and Construction Industry Security of Payment Act 1999 is critical to protecting your interests. What Is Adjudication? Adjudication is a fast-track dispute resolution process designed to provide interim cash flow relief while preserving parties’ rights to pursue final resolution through court or arbitration. An independent adjudicator reviews the payment claim, payment schedule, and supporting materials, then makes a binding determination on how much must be paid. The key word is interim. The adjudicator’s decision determines payment obligations temporarily, not permanently. However, most disputes end at adjudication – the cost and delay of further litigation means parties often accept the determination as final. The Timeline: Speed Is Everything Adjudication moves fast. Once an application is made: Queensland : You typically have 10 business days to file your adjudication response. The adjudicator then has 15 business days to make a determination (extendable to 20 days with consent). New South Wales: You have 5 business days to file your response (extendable to 10 days with claimant consent). The adjudicator has 10 business days to decide (extendable to 15 days). These timeframes are strictly enforced. Late submissions may be rejected entirely, leaving you unable to present your case. What goes into an Adjudication Response? Your adjudication response is your opportunity to defend your position. It must be comprehensive because you’re limited to the reasons you included in your payment schedule – no new arguments are permitted. A strong response typically includes: Detailed submissions: Explaining why the scheduled amount is correct, addressing each element of the claim Supporting evidence: Contracts, correspondence, site records, photographs, expert reports, invoices Legal analysis: Interpretation of contract terms, legislative requirements, and relevant case law Technical challenges: Jurisdictional objections, validity issues with the claim or adjudication application This is not a simple letter. Adjudication responses regularly run 30–50 pages with extensive annexures. The adjudicator will be reviewing both parties’ submissions simultaneously, so clarity and organisation matter. The Adjudicator’s Decision The adjudicator will issue a written determination setting out their decision and reasons. They can: Uphold the claimed amount in full Accept your scheduled amount Determine a different amount between the two In both Queensland and NSW, you must pay the adjudicated amount within 5 business days (or as specified in the determination). Failure to pay can result in the claimant suspending work or, more seriously, obtaining a judgment for the debt and pursuing enforcement action against your company. Can You Challenge the Decision? Yes, but the grounds are narrow. You can apply to court to set aside an adjudication determination for: Jurisdictional error: The adjudicator made a decision they had no power to make Denial of natural justice: You weren’t given a fair opportunity to present your case Generally, you cannot challenge the adjudicator’s decision simply because you disagree with their assessment of the facts or law. The threshold for setting aside a determination is high. Importantly, you must still pay the adjudicated amount even while challenging the determination. The principle is “pay now, argue later.” The Importance of Early Preparation The adjudication timeframes are tight. Once you serve a payment schedule disputing a claim, you should assume adjudication is coming and start preparing immediately: Waiting until the adjudication application arrives leaves you scrambling. In NSW, with only 5 business days to respond, delay can be fatal to your case. Get Legal Guidance Adjudication is a high-pressure, time-critical process that requires immediate action and strategic thinking. Whether you’re facing an adjudication application or considering applying for one yourself, experienced legal advice makes the difference between success and failure. CJM Lawyers’ litigation and dispute resolution team regularly represents clients in security of payment adjudications across Queensland and NSW. We understand what adjudicators look for, how to present your case effectively, and how to protect your interests under tight deadlines. Don’t navigate adjudication alone – contact CJM Lawyers today. Disclaimer: This article provides general information only and does not constitute legal advice. Every adjudication is unique and requires specific legal advice tailored to your circumstances. Contact CJM Lawyers promptly if you are involved in a security of payment dispute.

A payment claim arrives from your contractor demanding payment. Your instinct might be to set it aside while you check the details. That delay could be the most expensive mistake you make. Under Queensland’s Building Industry Fairness (Security of Payment) Act 2017 and NSW’s Building and Construction Industry Security of Payment Act 1999, you could become legally obligated to pay the full amount – even if you dispute the work – simply by failing to respond on time. What Is a Payment Claim? A payment claim is a formal written demand for payment under a construction contract. It doesn’t need to be labelled “payment claim” – an invoice or progress claim identifying the work and amount will often suffice. These claims are designed to keep cash flowing through construction projects, giving claimants a fast-track recovery process. The Danger of Doing Nothing If you don’t respond by serving a payment schedule within the prescribed timeframe, you are deemed to have admitted the claim. This means you become liable to pay the full amount – even if the work was defective or never performed. The claimant can take immediate debt recovery action, and you lose your right to dispute through adjudication. The Timeframes Are Tight Unless your contract provides otherwise, the timeframes are tight and are usually: Queensland: 15 business days from receiving the payment claim to serve a payment schedule. New South Wales: 10 business days from receiving the payment claim to serve a payment schedule. These are strict deadlines with limited discretion for extensions. The consequences of missing them are severe. What Is a Payment Schedule? A payment schedule is your formal response to the claim. It must identify the claim, state the amount you propose to pay (which can be zero), and provide reasons if you’re paying less than claimed. What Happens Next? After serving a payment schedule, the claimant can either accept your scheduled amount or apply for adjudication – a rapid process (typically 10–15 business days) where an independent adjudicator reviews the dispute. The adjudicator’s decision is binding, meaning you must pay the adjudicated amount even if you plan to challenge it later in court. Why You Need Legal Advice Now Time is not on your side. Getting legal advice immediately is essential to: Assess validity: Not every claim is valid under the legislation. A lawyer can identify defences quickly. Prepare a payment schedule: An invalid payment schedule leaves you exposed as if you hadn’t responded at all. Don’t Let the Clock Run Out Security of payment legislation protects cash flow in the construction industry, but it places significant responsibility on you to respond quickly and correctly. The penalty for getting it wrong is severe. Our experienced litigation team regularly assists clients with security of payment disputes across Queensland and NSW. We can review your claim, prepare a compliant payment schedule, gather evidence, and represent you in adjudication if required. Don’t face this alone – contact CJM Lawyers today. Disclaimer: This article provides general information only and does not constitute legal advice. Security of payment legislation is complex and fact-specific. It is essential to seek specific professional legal advice tailored to your individual circumstances as soon as you receive a payment claim.

A Practical Perspective for NSW and Queensland Matters In New South Wales and Queensland, the legal profession is fused. Both solicitors and barristers are qualified legal practitioners, and there is no procedural requirement to brief counsel at any particular stage of a matter. That often leads clients to delay the decision. In practice, the question is not whether a barrister is required, but whether the matter has reached a point where the risks involved justify specialist advocacy and advice. Engaging a barrister is not a sign that a dispute has escalated beyond control. It is a strategic decision about how that dispute should be managed. What a Barrister Actually Brings to a Matter Barristers are commonly associated with court appearances and trials. In reality, much of their value lies well before a matter reaches a hearing. They are trained to analyse risk, test legal arguments, and anticipate how a court is likely to respond to a case as it develops. Early involvement often focuses on advising on prospects, settling pleadings, shaping evidence, and identifying which issues genuinely matter. In many cases, this prevents problems that become expensive or impossible to correct later. The Importance of Timing One of the most common points at which counsel should be considered is before pleadings are finalised. Once pleadings are filed, positions harden. Admissions may be made inadvertently, causes of action may be poorly framed, and procedural vulnerabilities may be exposed. Fixing these issues later usually involves contested applications and additional cost. Similarly, when interlocutory applications are threatened or underway, the stakes increase quickly. Applications such as strike-outs, summary judgment, or injunctions can determine the direction of a matter long before trial. These are moments where technical precision and courtroom experience matter. Another common trigger is when a dispute turns on a narrow or unsettled point of law. Some cases are fact driven. Others are decided almost entirely on statutory interpretation or competing authorities. Where that is the case, specialist advice is not a luxury – it is essential. Costs Risk and Commercial Reality Litigation is not just about the merits of a claim. It is also about costs exposure. As matters progress, the financial consequences of getting strategy wrong increase. A barrister can provide clear advice on when to push forward, when to reassess, and when settlement should be actively pursued. There is a persistent misconception that briefing counsel necessarily increases costs. In practice, targeted advice at the right time often reduces overall expenditure by narrowing issues, avoiding unnecessary applications, and strengthening settlement positions. NSW and Queensland Considerations While the core principles are consistent across jurisdictions, procedural culture differs slightly. In New South Wales, courts tend to scrutinise pleadings closely and are more receptive to early dispositive applications. This often makes early engagement of counsel particularly valuable. Queensland courts are generally more pragmatic in their approach to case management, but the risk profile still shifts sharply once a matter moves beyond informal negotiation or becomes procedurally complex. In both jurisdictions, the underlying question remains the same: what is the consequence if the current approach is wrong? A Collaborative Model Engaging a barrister does not mean the solicitor steps aside. The solicitor remains responsible for carriage of the matter, evidence gathering, and client communication. Counsel provides a complementary skill set: strategic distance, advocacy experience, and deep familiarity with how courts approach particular issues. The most effective outcomes are usually achieved where solicitors and barristers work together early, rather than when counsel is briefed reactively on the eve of a hearing. Conclusion There is no fixed rule as to when a barrister should be engaged. However, most disputes reach a point where the risks – legal, procedural, or financial, change materially. At that point, the real question is not whether engaging a barrister is necessary, but whether proceeding without one is a risk worth taking. Disputes can arise in everyday life – with neighbours, family members, business partners, landlords, builders, or customers. Often, they start small and quickly become stressful, emotional, and hard to manage. Our litigation team helps you understand your options early, cut through the noise, and work towards the best possible outcome by providing the necessary advice and action. Don’t face the situation alone, talk to CJM Lawyers today!

Buying a business is an exciting venture, but the legal "to-do list" looks different depending on which side of the Tweed River you are on. Whether you’re eyeing a café in Surfers Paradise or a boutique in Byron Bay, navigating the transition from the current owner to you requires a sharp eye on the details. ​Here are the four key areas where the rules change between Queensland and New South Wales. ​ 1. The Contract of Sale ​In Queensland, we typically use the REIQ Business Sale Contract. In NSW, it’s common to use the Law Society/Real Estate Institute version. While both cover the basics, they handle "dispute resolution" and "vendor warranties" (the promises the seller makes about the business) differently. With years of experience in commercial law, CJM Lawyers will ensure the contract is tailored to the specific laws of the state where the business is located. ​ 2. The Lease: Your Business's Home ​The lease is often the most valuable asset you’ll take over. ​In QLD: The Retail Shop Leases Act has very strict rules about "Disclosure Statements" that the landlord must give you. ​In NSW: The Retail Leases Act applies, which has its own specific timelines and forms. If the landlord doesn’t provide the right paperwork at the right time in either state, it can lead to massive headaches or even the right to walk away from the lease later. Both Acts play a crucial role in preventing any hidden issues from the landlord and assignor that could surprise you after a transfer or the start of a lease. CJM Lawyers, as a trustworthy solicitor, will ensure that all necessary disclosures are made before you make a decision. ​3. The "Tax Trap": Transfer Duty ​This is the biggest difference between the two states: ​ Queensland: You generally still have to pay Transfer Duty (stamp duty) on the value of the business assets (like equipment and goodwill). This is an extra cost you must budget for. ​NSW: In most cases, NSW has abolished stamp duty on the transfer of "intangible" business assets like goodwill. However, you might still pay duty if the sale includes land or certain other interests. With CJM Lawyers, experienced in commercial transactions across both jurisdictions, we help you understand the nuances to avoid unexpected late penalties or potential legal actions from the state revenue office. ​4. Taking Over the Team (Staff) ​While the Fair Work Act is national, the way we "adjust" the price for employee leave at settlement is a matter of contract. Specifically, the REIQ contract usually grants a 70% credit to the Buyer for accrued leave on its standard terms, while NSW’s law society or REI contract may not be explicit in this regard in detail. Regardless of the difference, it is still open to negotiation between you and the seller. We, CJM Lawyers, make sure that if you are taking on staff who have years of accrued long service leave or annual leave, the seller gives you a fair discount on the purchase price, so you aren't left footing the bill alone later. ​How We Can Help ​Mastering both QLD and NSW means we understand the nuances of both systems. CJM Lawyers will act as your advisor, identifying risks like hidden debts on equipment or tricky lease terms, before you sign on the dotted line. If you’re considering buying a business, early legal advice can save you time, money and stress. Contact CJM Lawyers today to start the conversation.

Discover practical ways to handle unpaid invoices before the holidays. Recover money owed, improve cash flow, and keep your business running smoothly.

If you hold (or want) a pilot licence , a drink driving charge isn’t just a traffic matter, it can put your medical and flying privileges under the microscope. The smart move is to get advice early, before making any aviation disclosures. Why this matters (even if it happened on the road) Aviation is conservative for good reason. Any alcohol related offence can raise questions about fitness to fly, which may lead to: Medical scrutiny (extra checks, temporary conditions). Short-term flying restrictions while assessments occur. Career and insurance impacts, particularly in commercial roles . We’re not saying your flying days are over, just that it’s both a legal and aeromedical issue from day one. Three costly myths: “It’s only a driving issue.” For pilots, it becomes an aviation issue quickly. “No conviction recorded = no problem.” Outcomes short of conviction can still trigger medical reviews and suspensions . “If I don’t report it, it goes away.” Missing a reporting obligation can be worse than the incident itself. If this happens, keep it simple and strategic: Call us first. We’ll help you meet your reporting obligations on time, in the correct form, and with clear, relevant facts. Coordinate with a Designated Aviation Medical Examiner (DAME) for a practical medical plan. Document sensibly (any counselling, test results, timelines) to support a return to flying pathway. Expect a pause, not necessarily a full stop. Many pilots return with structured steps and credible evidence. How we help: Clear pathway back: Legal, medical and practical steps aligned. Risk management: What to report, when, and how. Career protection: Engage with regulators, employers and insurers the right way. A realistic outlook Plenty of pilots resume flying. Success usually comes down to early advice, credible records, and compliance. Safety is the regulator’s north star; our job is to present your case clearly and keep momentum. Need guidance? CJM Lawyers advises pilots and operators on aeromedical and regulatory issues arising from drink driving charges. Speak to our Aviation Law team promptly so you meet any reporting obligations on time and in the correct form. General information only. This is not legal advice. Your circumstances will determine your obligations and options.