Migration Law
How long does a visa application take to process?
Processing times vary depending on the type of visa, the applicant’s circumstances, the completeness of the application, and current Department of Home Affairs processing priorities. Some applications may be decided within a few months, while others may take considerably longer.
What should I do if my visa application is refused?
A visa refusal does not necessarily mean the end of your migration matter. Depending on the circumstances, you may have merits review rights, be able to lodge a further application, or have other options available. Strict time limits may apply, so it is important to contact our office promptly.
Can I appeal a visa refusal?
Many visa refusal decisions may be reviewable by the Administrative Review Tribunal. Whether review rights are available will depend on the type of visa, the basis for refusal, where the applicant was located at the time of decision, and other relevant circumstances.
Do I need a migration lawyer to lodge a visa application?
It is possible to lodge a visa application without professional assistance. However, migration assistance can help ensure that the application is properly prepared, supported by appropriate evidence, and lodged in accordance with the applicable legal requirements.
How long does a partner visa take?
Partner visa processing times vary and may change from time to time. The timeframe will depend on factors such as the complexity of the relationship history, the completeness of supporting documents, health and character requirements, and Departmental processing priorities.
What happens after I lodge my partner visa application?
After lodgement, the Department of Home Affairs may request further information, health examinations, police clearances, biometrics, or other supporting documents before making a decision.
Can I remain in Australia while my visa application is being processed?
This will depend on your current visa status, the type of application lodged, and whether a bridging visa is available. In some cases, applicants may be granted a bridging visa which allows them to remain lawfully in Australia while their application is being processed. Visa conditions should be carefully reviewed.
Can PCE Lawyers assist with visa cancellations and character matters?
Yes. PCE Lawyers assists clients with visa cancellation matters, character concerns, responses to Departmental notices, and review applications where review rights are available.
Wills and Estates
Why do I need a Will?
A Will allows you to decide who will receive your assets, who will administer your estate, and how your affairs are to be managed after your death.
What happens if I die without a Will?
If a person dies without a valid Will, their estate will generally be distributed according to intestacy laws. This may result in outcomes that do not reflect their personal wishes.
How often should I update my Will?
A Will should be reviewed whenever there is a significant change in circumstances, including marriage, separation, divorce, the birth of children, the acquisition or disposal of significant assets, or changes in family relationships.
What is Probate?
Probate is a legal process by which the Supreme Court confirms the validity of a Will and authorises the executor to administer the estate.
Does every estate require Probate?
No. Whether Probate is required depends on the nature and value of the deceased person’s assets and the requirements of banks, financial institutions, share registries, aged care providers, and other organisations.
How long does Probate take?
Timeframes vary depending on the complexity of the estate, the completeness of the application, and Court processing times. Delays may occur where further information is required or where issues arise concerning the Will or estate.
What is the role of an executor?
An executor is responsible for administering the estate, which may include identifying and collecting assets, paying debts and liabilities, attending to tax obligations, and distributing the estate in accordance with the Will.
Can a Will be challenged?
In some circumstances, eligible persons may make a family provision claim. A Will may also be challenged on other grounds, including concerns about capacity, undue influence, fraud, or whether the Will was properly executed.
Can PCE Lawyers assist with estate disputes?
Yes. PCE Lawyers assists with estate administration, family provision claims, disputes between beneficiaries, executor disputes, and contested Probate matters.
Family Law – Property Settlement
What is a property settlement?
A property settlement is the legal process of dividing assets, liabilities, superannuation, and financial resources following the breakdown of a marriage or de facto relationship.
Do we need to go to Court to divide our property?
Not necessarily. Many property settlements are resolved through negotiation, mediation, or consent orders without the need for a final Court hearing.
How long do I have to commence property settlement proceedings?
Generally, married couples have 12 months from the date a divorce order becomes final to commence property settlement proceedings. De facto couples generally have two years from the date of separation. Different circumstances may apply, and extensions of time are not automatic.
What assets are considered in a property settlement?
The Court generally considers all assets, liabilities, superannuation, and financial resources of both parties. This may include real estate, savings, investments, businesses, trusts, companies, vehicles, inheritances, superannuation, and debts.
Does a 50/50 division automatically apply?
No. Australian family law does not apply an automatic 50/50 division. Each matter is assessed on its individual circumstances, including the parties’ financial and non-financial contributions, contributions as homemaker or parent, and their future needs.
What happens to superannuation after separation?
Superannuation may be treated as part of the overall property pool and can be split between parties in appropriate circumstances. A superannuation split does not usually convert superannuation into cash, as it generally remains subject to superannuation preservation rules.
Can we reach an agreement without going to Court?
Yes. Parties may reach agreement through negotiation or mediation and formalise that agreement through Consent Orders or, where appropriate, a Binding Financial Agreement.
What if my former partner refuses to negotiate?
If negotiations are unsuccessful, options may include mediation, family dispute resolution, solicitor-assisted negotiations, or commencing Court proceedings.
Can PCE Lawyers assist with property settlement negotiations?
Yes. PCE Lawyers assists clients with property settlement negotiations, mediation, Consent Orders, Binding Financial Agreements, and Court proceedings where required.
Contact PCE Lawyers
How do I arrange a consultation?
You can arrange a consultation by contacting our office by telephone or email, submitting an enquiry through our website, or using the “Book Consultation” button on our website.
Do you offer telephone and video consultations?
Yes. PCE Lawyers offers in-person, telephone, and video consultations for clients across Australia.
What should I bring to my first appointment?
The documents required will depend on the nature of your matter. Our team will advise you of any documents that may assist before your consultation.
How much will my matter cost?
Legal costs vary depending on the type and complexity of the matter. We will discuss costs and available fee arrangements during your consultation.
Why choose PCE Lawyers?
PCE Lawyers provides personalised legal services, clear communication, practical guidance, and dedicated representation across migration law, wills and estates, and family law matters.
Suggested Website Disclaimer
The information on this page is general in nature and does not take into account your individual circumstances. Laws, procedures, and time limits may vary depending on the facts of each matter and the relevant jurisdiction. For assistance with your matter, please contact PCE Lawyers.
