FAQs

De Facto Relationships and Property Settlements

If you have been in a de facto relationship that has ended and you cannot agree on the division of assets, you may have entitlements under the Family Law Act 1975. At Bentleys Law, we help clients navigate the complexities of property division following the breakdown of both de facto and marital relationships with clarity, discretion, and strategic advice.

Establishing a De Facto Relationship

To make a claim for property settlement as a de facto partner, certain legal criteria must be met. Under section 4AA of the Family Law Act, a de facto relationship is recognised if you and your former partner lived together on a genuine domestic basis for at least two years. Other factors may also establish a relationship, including having children together or making substantial contributions to shared assets.
What qualifies as a “genuine domestic basis” can vary. The Court looks at factors such as the nature of the relationship, financial interdependence, shared property and the commitment shown by both parties.

Understanding Property and Financial Entitlements

Property includes both assets and liabilities. This may cover the family home, vehicles, investments, savings, superannuation, loans, and credit cards. Often property ownership becomes interwoven, especially when both parties have contributed financially or non-financially to its acquisition, maintenance, or improvement.

Resolving Property Matters: Your Options

Depending on the circumstances and willingness to cooperate, there are several ways property matters can be resolved:

1. Binding Financial Agreement (BFA)
   A BFA allows parties to privately agree on the division of property without going to Court. For it to be enforceable, each party must obtain independent legal advice about the advantages and disadvantages of the agreement. BFAs can be cost-effective and flexible, but they require cooperation and compromise.
2. Consent Orders
   If you and your former partner can agree, the arrangement can be formalised through Consent Orders filed in the Federal Circuit and Family Court of Australia. Once approved, these are legally binding and enforceable. Our lawyers assist with preparing the necessary documentation and ensuring the agreement complies with legal requirements.
3. Court Proceedings
   If agreement cannot be reached, either party can apply to the Court for property orders. This process can be complex and stressful, so experienced legal representation is essential to protect your interests. Our lawyers will prepare your case thoroughly and advocate for a fair outcome that reflects your contributions and future needs.

How can we help

At Bentleys Law, we understand that property disputes following a relationship breakdown are both personal and financial. We provide clear guidance, careful planning, and strong representation. Our goal is to achieve a fair resolution and help you move forward with confidence.

How inheritances are treated in family law property settlements

When a marriage or de facto relationship ends, the law requires consideration of the full property pool. This includes all assets, liabilities, and superannuation in either party’s name, whether owned individually or jointly, and regardless of when the asset was acquired.

An inheritance can therefore form part of the property considered in a settlement, but the way it is treated depends on the circumstances of the case. The Court has discretion in determining whether and how an inheritance is included or excluded when dividing assets.

Factors the Court may consider

The Court has provided guidance on issues that will influence the treatment of inheritances. These may include:

• The intention of the benefactor
• The timing of the inheritance, whether it was received before, during or after the relationship
• The size of the inheritance compared with the rest of the asset pool
• The use or application of the inheritance, for example, whether it was invested, spent, or kept separate
• The contributions of both parties throughout the relationship and the overall length of the relationship

Why legal advice matters

Because the Court has wide discretion in how inheritances are assessed, every case must be examined on its own facts. Outcomes can vary significantly depending on timing, use of funds, and the financial circumstances of both parties.

At Bentleys Law, our family lawyers provide clear advice on how inheritances may be treated in your circumstances and represent your best interests in negotiations or before the Court. We draw on extensive case law and practical experience to help you achieve a fair and secure outcome.

How the Court views loans from family members

When financial contributions come from parents or family members, the Court looks closely at whether the money was truly a loan or a gift. This distinction is critical.

If a loan is genuine, it may reduce the property available for division between the couple. However, in the absence of a clear and formal loan agreement, disputes often arise. It is common for one party to argue that the funds were a gift, while the other insists they were repayable.

Courts have become increasingly cautious about such claims, particularly where no written agreement exists. If the arrangement is undocumented, the Court may find that no enforceable loan exists and could treat the funds as part of the asset pool.

Why documentation matters

A formal loan agreement provides clarity and increases the likelihood that the Court will recognise the advance as a genuine debt. Without documentation, claims of a loan may be seen as an attempt to shield part of the asset pool from division.

Our recommendation

If you have already loaned money without a written agreement in place, it is important to obtain legal advice promptly. Every situation is fact-specific, and the way the loan is treated will depend on the evidence available and the circumstances of the case.

If you are considering providing a loan to a child who is married or in a de facto relationship, we recommend seeking advice before advancing any funds to ensure your funds are protected. With proper documentation and structuring, you can reduce the risk of future disputes and protect your financial position.

At Bentleys Law, our team can advise on the best way to structure family loans and can guide you through disputes where past advances are in question.

1. What visa should I apply for?
   Start with the Visa List and tools on Home Affairs to narrow options (work, study, visit, family). Then obtain tailored advice based on your circumstances.
2. What is ImmiAccount?
   Home Affairs’ online portal to apply, attach documents, pay fees and track your visa/citizenship applications (with MFA and support guides).
3. What is VEVO?
   VEVO (Visa Entitlement Verification Online) lets you check current visa conditions (e.g., work limits, travel, expiry) and share them with employers or education providers.
4. Can I work while holding a student or visitor visa?
   Student visas allow limited work hours. Visitor visas do not permit work. Working without permission may lead to visa cancellation.

1. Who is eligible?
   Spouses or de facto partners of Australian citizens, permanent residents, or eligible New Zealand citizens. You must evidence a genuine and ongoing relationship (financial, social, household, and commitment).
2. Processing and priority?
   Times vary; Home Affairs may prioritise compelling and compassionate cases once all required information is provided, but prioritisation is not guaranteed.
3. If refused, can I seek review?
   Where reviewable, your refusal notice explains how to apply for merits review to the Administrative Review Tribunal; strict time limits apply.

1. What type of work visas are available?
   Australia offers short stay, temporary, and permanent work visas. Options include the Skilled in Demand (SID) visa (subclass 482). This visa allows employers to sponsor skilled workers when no suitable local workers are available.
2. What are the basic eligibility requirements for this work visa?
   To be eligible for this work visa, you must be sponsored by an approved employer and your nominated occupation must appear on the relevant skilled occupation list. Additionally, you are required to demonstrate a competent level of English language proficiency.

1. What is SkillSelect and do I need it?
   SkillSelect is an online system for submitting an Expression of Interest (EOI) for skilled migration visas.
2. How do invitations work?
   Lodge an Expression of Interest (EOI) in SkillSelect and meet the minimum points threshold (currently 65). Invitations are issued based on ranking and program settings; “tie‑breaks” apply for equal scores.
3. Do I need my occupation on a list?
   Yes. Check the Skilled Occupation Lists and obtain a suitable skills assessment for your nominated occupation (visa‑specific lists and ANZSCO versions apply).
4. Are some skilled applications processed faster?
   Yes. Ministerial Direction No. 105 sets skilled processing priorities (e.g., regional roles and health/teaching are prioritised). Others are assessed by date of lodgement.

1. Is the Business Innovation & Investment Program (BIIP) open?
   No. The BIIP (subclass 188) closed to new applications on 31 July 2024. On‑hand applications continue to be processed and some applicants who withdraw may be eligible for a VAC refund. Holders can still transition to the permanent subclass 888 if eligible.
2. The National Innovation visa (subclass 858) replaced Global Talent on 6 December 2024. It is a permanent visa for exceptionally talented candidates by invitation, with an Expression of Interest process.

1. What changed with the student visa in 2024–2025?
   From 23 March 2024, the Genuine Student (GS) requirement replaced GTE for new applications. From 7 August 2025, English language testing settings for visa purposes changed; always check the current page before applying.
2. How long can I stay on a Student visa?
   The stay period generally aligns to course length with limited extra time and will usually not exceed 6 years, subject to OSHC coverage and course packaging rules (different settings for postgraduate research and primary school).
3. Can I work on a Student visa?
   Student visas carry specific work conditions (hours and timing). Confirm your personal work limit and other conditions via VEVO and your grant letter.

1. What documents support a strong Visitor visa application?
   Provide: passport bio page, clear travel purpose/itinerary, proof of funds, evidence of ties to your home country (employment, family, study), and an invitation letter if visiting family/friends. Submit translations and all requested documents to avoid delays/refusals.
2. Can I extend a Visitor visa onshore?
   Extensions are limited and depend on your visa conditions (e.g., “No Further Stay”). Always check your grant letter and VEVO.

1. What does a bridging visa do?
   A bridging visa keeps you lawful in Australia while a new onshore visa application is decided or while you are in review/judicial review. It usually comes into effect when your current substantive visa expires (cancelling the current visa early does not activate a BVA).
2. Can I travel on a bridging visa?
   Only a Bridging visa B (BVB 020) allows you to leave and re‑enter Australia during a defined travel period (apply 2 weeks to 3 months before travel; the period cannot be extended after grant). Departing on a BVA/BVC/BVE generally causes that bridging visa to cease.
3. Can I work on a bridging visa?
   Check your grant letter and VEVO. If your BVA/BVC has work restrictions, you can apply for a new BVA with work rights, usually by demonstrating financial hardship; if you do not meet the test, the same restrictions remain.
4. How do I apply for a bridging visa online?
   
   Most BVA/BVB/BVC applications are made through ImmiAccount or the online webform using the relevant forms (Form 1005 for BVA/BVC, Form 1006 for BVB).

1. Am I eligible to apply for Australian citizenship?
   The main requirements for most applicants (aged 18 or over) applying for citizenship by conferral are:
   • Permanent Resident: You must be an Australian permanent resident.
   • Age: You must be 18 years or older (special rules apply for those under 18).
   • Good Character: You must satisfy the good character requirement.
   • Intention to Reside: You must intend to reside in Australia or maintain a close and continuing association with Australia.
   • Pass the Citizenship Test: You must demonstrate an adequate knowledge of English and an adequate knowledge of Australia and the responsibilities and privileges of citizenship (unless exempt).
   • Residence Requirement: You must meet the residency requirements, which generally mean you must have:
     • Lawfully lived in Australia for a total of 4 years immediately before applying.
     • Been a permanent resident (or SCV holder) for the last 12 months immediately before applying.
     • Not been absent from Australia for more than 12 months in total during the 4 years.
     • Not been absent for more than 90 days in total during the 12 months immediately before applying.
2. What happens after my application is approved?
   If your application is approved, and you are required to attend a ceremony (most adult conferral applicants are), you will be invited to a Citizenship Ceremony and will be presented with your Australian Citizenship Certificate.
3. What is the Australian Citizenship Test?
   The test is a computer-based, multiple-choice exam, usually consisting of 20 questions. You must answer all five questions on Australian values correctly and achieve an overall score of at least 75% to pass.Generally, the test assesses your knowledge of:
   • Australia and its people
   • Australia’s democratic beliefs, rights, and liberties
   • Government and the law in Australia
4. Can I travel outside Australia while my application is being processed?
   Yes, you can, but it is not recommended to travel outside Australia for extended periods, especially during the final stages of the application.
   • If you applied while you were an Australian permanent resident (or SCV holder), you must ensure you maintain a valid permanent resident visa (or SCV) when your application is assessed and at the time of the decision.
   • If you leave Australia and your permanent visa expires, you must have a valid Resident Return Visa (RRV) to re-enter Australia.
   • Being outside Australia can also cause delays in your application processing, as you may be required to attend a test or interview.

1. What is an RRV and who needs it?
   An RRV (subclass 155 or 157) allows Australian permanent residents to re-enter Australia after their travel facility expires.
2. What happens if I travel without a valid RRV?
   You may be denied re-entry as a permanent resident unless you hold a valid RRV.

1. What is the character test under section 501 of the Migration Act?
   Character test assesses criminal history, associations, and conduct. A substantial criminal record or certain convictions may lead to visa refusal or cancellation.
2. What documents are required for character assessment?
   You may need police certificates, military records, and character references.
3. Can I appeal a visa cancellation on character grounds?
   Yes, you may request revocation or appeal to the AAT or seek judicial review depending on the circumstances.
4. What is a health waiver and when is it considered?
   If you don’t meet the health requirement, a waiver may be considered if your condition won’t cause significant cost or limit access to services.
5. Can a health waiver be refused?
   Yes. If the waiver is not exercised, your visa application will be refused.

1. What decisions can I appeal to the AAT?
   You can appeal visa refusals, cancellations, and sponsorship decisions made by the Department of Home Affairs.
2. How do I lodge an appeal?
   You can apply online or by submitting paper form to the Administrative Review Tribunal. Time limits apply—usually 21 or 28 days.
3. Can I request an expedited decision?
   Yes, if new evidence clearly satisfies the visa criteria without needing a hearing.

1. What is judicial review in immigration matters?
   Judicial review is a legal process where the Federal Court reviews whether a decision was made lawfully, not whether it was fair or correct.
2. When can I seek judicial review?
   Only after exhausting merits review options (e.g., ART). Judicial review is available under the ADJR Act or section 39B of the Judiciary Act.
3. What are common grounds for judicial review?
   Some common grounds for the judicial review are; jurisdictional error, denial of procedural fairness, or failure to consider relevant matters.

1. What is Ministerial Intervention in immigration cases?
   Ministerial Intervention refers to the discretionary powers granted to the Minister under the Migration Act 1958 to intervene in certain immigration cases if it is deemed to be in the public interest. These powers are non-compellable, meaning the Minister is not obligated to consider or act on any request.
2. Who can request Ministerial Intervention?
   The visa applicant or your authorised representative can request intervention only after a decision has been made by a merits review tribunal (e.g., ART). You must hold a valid visa unless you are in immigration detention.
3. What happens after I submit a request?The Department assesses your request against the Minister’s guidelines. If it meets the criteria, it may be referred to the Minister. Otherwise, it will be finalised without referral. You will be notified in writing.

Contact us for a no-obligation 30-minitue Consultation:
Phone: 03 9419 6066
Email: info@bentleyslaw.com.au

Bentleys Law has extensive history in dealing with staff conflict and broader organisational matters that relate to conflict. Our employment lawyers are able to deal with any matter relating to contracts of employment, termination of employment, organisational structures, management structures and inter-management conflict along with staff conflict in whatever form it manifests in an organisation.

Yes. Bentleys Law is committed to assisting our clients to avoid litigation wherever possible and that relates to our commitment to the provision of mediation and any other form of dispute resolution that might be appropriate for a given matter.

There are numerous forms of dispute resolution, and we seek to ensure that the appropriate process of resolving a dispute is utilised to maximise the outcome for the client and minimise the costs.

In summary, the Court requires that initially matters are dealt with by an appropriate form of dispute resolution. The self-evident principle behind this mandatory requirement is to seek to limit litigation. Negotiation is a key feature of the early stages of litigation, and many matters are resolved at this step.

Should the dispute resolution process fail the matter will go to trial where evidence is presented, expert testimonies may be provided and ultimately a determination is made by the judge.

Depending on the nature of the matter the period of the litigation will vary significantly, from a few months to over a year for complex disputes which involve numerous parties.

Should you lose a case, there are limited reasons by which you could appeal the decision, however, by this stage the costs associated with the matter will be significant.

We seek to minimise both the time and costs associated with any matter by establishing a close working relationship with our client and ensure that communication is paramount in the on-going nature of any matter.

To assist our potential clients, we offer a 30-miniute no-obligation consultation which can begin to address some of the key issues in a matter and provide a potential client with the chance to see the quality of legal services we can provide.

Bentleys Law takes a broad approach to the legal services that can be provided. They include legal services that fall within the area referred to as Estate Law. That category of law incudes Wills, Powers of Attorney, Advanced Care Directives and Estate Planning.

In addition to Estate law we can assist in specific areas of the law that relate to any form of elder abuse and that includes physical and/or sexual assault, theft, neglect, Psychological abuse and any other form of abuse or neglect that may occur.

Bentleys law can also assist in relation to any decision that might be made, or even contemplated, concerning accommodation issues such as aged care homes, nursing homes or other forms of accommodation. In making decisions concerning accommodation it is essential to be fully informed and aware of any contractual and financial matters that may form part of any contract that may apply to the accommodation.

Bentleys Law can also assist with the provision of qualified and experienced mediators and dispute resolution practitioners who can assist in resolving any difficult or complex family relationships that can often occur in the later years of our lives.

Refer to Bentleys Law booklet titled: ‘Aged Care Law: Protecting our senior citizens’.

Elder/Aged Care abuse can take many forms. Often more than one type of abuse can occur.

• Emotional or psychological abuse: Using threats, humiliation or harassment causing distress and feelings of shame, stress or powerlessness. It often occurs in combination with other forms of abuse.
• Neglect: Intentionally failing to provide the basic necessities of life such as food, medication, warmth etc.
• Financial abuse: Using someone’s money, property or other assets illegally or improperly or forcing someone to change their will or sign documents.
• Physical abuse: Inflicting pain or injury by hitting, slapping, pushing or using restraints.
• Social abuse: Forcing someone to become isolated by restricting their access to others including family, friends or services. This can be used to prevent others from finding out about the abuse.
• Sexual abuse: Any sexual activity to which the older person has not consented. This can be perusing sexually explicit print or electronic materials in front of the older person, not giving the older person privacy when they bathe or shower or sexual assault.

Refer to Bentleys Law booklet titled: ‘Aged Care Law: Protecting our senior citizens’.

Family dysfunction and associated relationship problems can be a particularly difficult burden for ‘senior citizens’, particularly when there is a significant illness or disability of some sort. Bentleys Law provides a broad range of services and whilst we do not provide psychological services we do assist with conflict and dispute resolution through the provision of experienced conflict resolution practitioners. We are able to facilitate discussions between disputing parties and where it is apparent that there is a need for specialised services such as medical or psychological support, we refer the matter to an appropriately qualified person. In the case you refer to, you can certainly contact Bentleys Law, and we would be pleased to provide a no-obligation consultation to assist in determining how to deal with the problems to which you refer.

Refer to Bentleys Law booklet titled: ‘Aged Care Law: Protecting our senior citizens’.

If your grandmother’s estate includes assets such as personal property or real estate it will be necessary to make an application to the Victorian Supreme Court for “Letters of Administration”.

The person who makes the application is usually the closest surviving family member such as a spouse or a child of the deceased. In your case, if you are the closest family member you could make an application, however, we suggest you seek legal advice before taking any action.
Where a person dies and does not leave a Will, that is referred to as dying ‘Intestate’ and the laws of Intestacy apply. In general terms:
If a person dies and leaves behind a partner, then all of the estate goes to the partner. Different rules apply if the person left behind more than one partner. If there were children but no partner, the estate is distributed to the children equally.
If the person had no partner or children, then all the estate goes to relatives in this order:

• Parents
• Siblings
• Grandparents
• Aunts and uncles
• Cousins.
• The estate does not pass to the government unless there are no living relatives.

We can assist by:

• Assisting you to apply for Letters of Administration and administering the estate.
• Providing advice on Intestacy and potential beneficiaries.
• Assisting you to resolve any issues that may arise.

A key belief in the world of dispute resolution is that the only durable dispute resolution is the one that is determined solely by the disputing parties. It is this belief that lies at the heart of ‘facilitative mediation’. A mediator conducting facilitative mediation provides a structured process that assists the parties to determine the resolution that best fits their particular needs without intervention. The mediator’s role is to ‘facilitate’ the process: that role does not include providing information or suggesting outcomes. The mediator is, however, seeking to facilitate communication between the parties, and in so doing is providing for party self-determination.

Facilitative mediation requires skilled and competent mediators who are able to literally act in the shadow of the disputing parties. It is a challenging and delicate balance.

Facilitative mediation is, in simple terms, a process in which the mediator does not intervene in terms of providing advice or guidance concerning the issues in dispute. Conciliation, on the other hand, is a process in which the conciliator plays an active role in providing guidance and support to the parties in their pursuit of a resolution. Clearly, there are significant differences between the two processes.

However, if the reference to mediation was to ‘evaluative mediation’, the mediator would intervene much more than in facilitative mediation, and that would be much closer to conciliation.

There is not, nor should there be any preferred disputes resolution process for family disputes. There are many different forms of family disputes just as there are many different forms of dispute resolution. Although ‘mediation’ is inevitably referred to as the standard form of dispute resolution in family law it is our view that such an approach is inappropriate in that such an approach does not address the many variables that may be present in any dispute. Our approach is that every dispute needs to be fully assessed and the appropriate dispute resolution utilised.

This is a difficult area and one in which you need to be careful that you provide relevant advice and guidance to your employees. As a starting point you should review the relevant guidance material from Safe Work Australia and provide employees with a check-list of matters to be addressed.

You should seek clarity about the physical nature of the employee’s home to ensure you are satisfied that you are aware of specific risks that may exist.

You should regularly check with the relevant employees to ensure they are working in a way that is consistent with the material that has been agreed. Whilst checking on practical matters may be relatively easy, the other more complex matters that you need to consider relate to the employee’s mental health. The absence of workplace colleagues and isolation are not matters to be ignored.

In December 2025 it is expected that we will see the introduction of new regulations which relate to ‘psycho-social hazards’. Without knowing the nature of your industry, this is a matter that you need to assess very carefully in terms of the potential problems that may arise.

To summarise, we would advise to tread carefully, and we would be pleased to assist with advice and guidance. Call us for a 30-minute no-obligation consultation to explore the key issues associated with your query.

Diversion is a sentencing option in Victoria that allows for a charge to be withdrawn if the accused completes a diversion program. It is usually only offered for first-time offenders and is intended to encourage early rehabilitation. Diversion is only available if both the prosecutor and the Court agree it is appropriate, and you will need to admit responsibility for the offence. There may also be an apology or a fine. As we are unsure what the charge is, our advice is that you contact us for a preliminary 30-minute no-obligation consultation to assess your position and offer you some advice.

A Magistrate has limited time to assess your circumstances and whether your offending is out of character, so providing letters to the Court which reflect your good character can assist the outcome of your case. However, these references need to be very carefully crafted. The last thing you want the Magistrate to do is to be cynical about any self-serving or clearly manufactured references. Remember that Magistrates read countless numbers of references and can pick out false or superficial claims very quickly. A character reference should be in writer’s own words, come from the heart and be genuine. A well-prepared reference can be extremely influential in showing the Court the positive aspects of your personality.

Our advice is that you contact us to discuss the merits or otherwise of your intended guilty plea and, if appropriate we can assist with the number and manner of the references that are likely to assist you. Copying references from the Internet or AI is likely to backfire – getting expert guidance is more likely to maximise the effect of the references.

The way you present the references is important. They should be typed, dated, limited to one page only and should include the following details:

• Addressed to the Presiding Magistrate.
• The name of the author, with employment details and contact number.
• The nature of the relationship between the writer and the offender and the period of the relationship.
• The writer must note that she/he is aware of the matter that the offender has committed.
• The writer should indicate that the offender has expressed regret and remorse at the offence.
• The writer should note whatever positive and affirming characteristics the offender has demonstrated to the writer over the period of the relationship.

Contact us as soon as possible, and we will contact the police and arrange to be present in the interview. Our presence at a police interview significantly reduces any potential risk that a person may incriminate themselves and puts the police on notice that the person they are investigating has legal representation. A police interview is a delicate thing. The answers you give may direct police attention elsewhere, or they may be used to incriminate you. We do not advise answering questions at a police interview without one of our lawyers present, and if we cannot attend, we strongly recommend that you simply answer “no comment” to any question the police ask. You are not required to answer any question if you do not wish to.

First, contact the person and find out if they wish to have legal representation. Then, contact us immediately and we will engage with police as soon as possible. When a person is arrested for a serious crime or has breached a bail condition for another offence, there is a risk that they may be “remanded”, or placed into pre-trial custody. This should always be avoided if possible. An urgent or after-hours bail application may be necessary for the accused to avoid being remanded. Bail applications are complex matters which require legal advocacy to resolve, often on very short notice with great time pressure. Our lawyers have experience in bail applications and are available to work after hours if necessary.

This phrase usually means that police want you to attend the station but are unwilling to tell you why until you are physically there. They may need to serve some documents on you, or they may wish to interview you regarding potential criminal charges. They may intend to arrest you. The best thing for you to do if you receive a call of this type is to contact Bentleys Law immediately. We will communicate with police and find out what they want, and then assist you with navigating what comes after.

A Community Corrections Order (CCO) is an option a magistrate may choose to take when sentencing you for an offence. If you are under a CCO, you have been found guilty of another offence, and the magistrate has decided a CCO is more appropriate than a term of imprisonment. If you have uncertainties about the conditions of the CCO, please contact us and ask us to review the order. We can advise you about what is required and what the potential consequences are for failing to comply with the order.

When you are released on bail, you are usually provided with a bail undertaking that includes conditions that you must adhere to. One of the most common conditions is a requirement that you gain permission to travel interstate or overseas. Violating a condition of bail is a serious matter that can result in your imprisonment; you should not simply leave the state and hope for the best. Instead, contact Bentleys Law immediately. We can explain the conditions of your bail to you, and if necessary we can assist you in getting permission to travel.

Decisions in the Magistrates’ Court can be appealed to the County Court of Victoria and heard before a judge. If you believe you have been denied due process, misled by prosecutors, or have received a sentence that is too harsh, it may be possible for you to have the decision appealed, but you must act quickly. There is a time limit of about thirty days in which a decision can be appealed. Contact Bentleys Law immediately for a no-obligation 30-minute consultation where we can discuss the sentence you have received and what prospects there are of appealing the decision.

Your first and fatal mistake was to accept your girlfriend’s invitation to visit because that was a breach of the IVO. However, not all is lost as we may be able to assist by representing you at Court by make a submission based on your girlfriend’s invitation. To do so, however, we will need to provide evidence of text messages, phone calls or any other evidence that can show that you received the invitation. We will also need evidence that you had been meeting the requirements of the IVO until this unfortunate invitation. Assuming we can assemble the evidence and that this is your first breach we may be able to get the Magistrate to see reason and deal with the breach sensitively.

Our advice is to contact us as soon as possible so we can begin the process of preparing a case for you. Remember, when an IVO says ‘no contact’ it means ‘no contact’, however inviting the invitation might be!

you should refer to our booklets ‘Frequently asked questions about Intervention Orders’ and ‘Intervention Orders’.

Yes, Bentleys Law specialises in luxury asset transactions including prestige vehicles, boats, aircraft, art, antiques, and equestrian assets. We have extensive experience managing complex, high-value property transactions that often involve international elements, taxation considerations, and cross-jurisdictional issues. Our expertise in luxury asset law ensures proper ownership structuring, acquisition processes, and compliance with both domestic and international regulations.

We prioritise resolving property disputes through negotiation and mediation before considering court proceedings. Our approach focuses on protecting client interests while maintaining important relationships, particularly in neighbour disputes, commercial property conflicts, and owners’ corporation matters. We provide strategic guidance throughout the dispute resolution process, offering clear communication and transparent advice. When litigation becomes necessary, we pursue matters with determination while always seeking practical outcomes that justify the legal investment.

Bentleys Law combines technical conveyancing expertise with personalised client service and a deep understanding of Melbourne’s property market dynamics. We offer a holistic approach that integrates property law with our other practice areas, including commercial law, family law, and luxury asset transactions. Our clients consistently praise our responsiveness, thoroughness, and ability to handle stressful situations with transparency and professionalism. We are committed to innovation and results-oriented advocacy, ensuring each transaction receives strategic attention rather than just procedural processing.

Absolutely. We provide comprehensive commercial property services, including lease negotiations, business sale and purchase agreements involving property assets, commercial conveyancing, and regulatory compliance for business premises. Our commercial property expertise covers permitted use clauses, rent review mechanisms, assignment rights, and make-good obligations. We also handle property elements of business restructuring, asset transfers, and investment property transactions. Our integrated approach means we can address both the property and commercial law aspects of complex business transactions in a coordinated manner.