# Zed Legal Australia — Full Reference > Zed Legal Australia is a modern, Adelaide-based law firm serving South Australia, Australia and the United States. Founded by Bruno Confalone — a lawyer admitted in South Australia, New South Wales, the High Court of Australia, California and New York — the firm provides legal services across property, business, estates, notarial practice and immigration. Tagline: "Law, simplified." This file is the complete-content companion to https://zed.legal/llms.txt. It inlines the full text of every service and article so AI systems can answer questions about Zed Legal accurately from a single source. ## About the firm - Name: Zed Legal Australia (also referred to as "Zed Legal") - Legal entity: Zed Legal (Australia) Pty Ltd - ABN: 54 663 268 238 - Founded: 2019 - Location: Adelaide, South Australia - Service area: South Australia and Australia-wide; US immigration and notarial/consular matters internationally - Phone: (08) 8166 7569 (+61 8 8166 7569) - Email: hello@zed.legal - Website: https://zed.legal - Hours: Monday to Friday, 9:00am–5:30pm (Australian Central Time) - Google rating: 5.0 stars from 175+ verified reviews ## About the founder Bruno Confalone is the Founder and Principal Lawyer of Zed Legal Australia. He is admitted to practise in South Australia, New South Wales, the High Court of Australia, and — unusually for an Australian lawyer — the State Bars of California and New York in the United States. This dual admission lets the firm advise on matters that cross the Australia–US border, including the E-3 visa and the Australian consequences of relocating overseas. He holds a Bachelor of Laws (with Honours) from the University of Adelaide and completed the Notarial Practice Course through the College of Law, Sydney. ## What makes Zed Legal different Direct access to a senior lawyer rather than a chain of intermediaries; plain-English advice with no jargon; fixed, transparent fees for many services; and a modern, digital-first process that supports interstate and overseas clients through electronic signing and document exchange. ## Frequently asked questions Q: What areas of law does Zed Legal Australia practise in? A: Zed Legal provides conveyancing, property law, wills and estates, probate, corporate law, commercial law, Australian immigration, US immigration, and notarial services from its Adelaide base. Q: Who is Bruno Confalone and what makes Zed Legal different? A: Bruno Confalone is the founder and principal lawyer. He is admitted in South Australia, New South Wales, the High Court of Australia, California, and New York. Zed Legal is built around honest, practical advice with direct access to senior practitioners, plain language, and efficient service. Q: Does Zed Legal handle conveyancing for interstate or overseas clients? A: Yes. Zed Legal regularly assists interstate and overseas clients purchasing or selling property in South Australia. Its digital process supports electronic signing, document exchange and remote communication, so location is not a barrier. Q: Can Zed Legal help Australians apply for a US visa? A: Yes. Bruno Confalone is admitted in California and New York. Zed Legal assists Australian citizens with E-3, L-1, O-1 and other US immigration pathways, as well as dual-jurisdiction matters for clients moving between Australia and the United States. Q: What estate planning documents does Zed Legal prepare? A: Zed Legal prepares wills, enduring powers of attorney, advance care directives and testamentary trusts. The firm also assists executors with estate administration, grants of probate and family provision matters under South Australian law. Q: How much does it cost to use Zed Legal? A: Fees depend on the nature of the matter. Many services are offered on a fixed fee agreed in advance. For complex or unpredictable matters, fees may be charged on a time basis. Zed Legal explains the applicable fee structure before work begins. Q: Can Zed Legal help me if I live outside South Australia? A: Yes. Zed Legal assists interstate and overseas clients, particularly with South Australian conveyancing, wills and estates, and immigration matters. Electronic signing and document exchange allow many matters to be handled remotely. Q: How do I get started with Zed Legal Australia? A: Book an appointment online, call (08) 8166 7569, or email hello@zed.legal. The team will clarify your situation, outline the available options and explain the applicable fee structure before work begins. ## Services (full detail) ### Corporate Law — Corporate Lawyers in Adelaide URL: https://zed.legal/services/corporate-law-adelaide Area served: Adelaide, South Australia Zed Legal Australia provides corporate law services in Adelaide and across South Australia, advising companies, directors and shareholders on company formation and structuring, shareholders agreements, corporate governance, and director and shareholder disputes. We advise companies, directors and shareholders on the legal structure that lets an ambitious business operate, raise capital and grow — without inviting avoidable disputes later. You deal directly with a senior lawyer, not a chain of intermediaries. Overview: Corporate law governs how a company is owned, controlled and run. The decisions you make early — how the company is structured, who holds shares and on what terms, how directors make decisions — shape your tax position, your personal liability and your ability to bring in investors or sell the business down the track. A company incorporated under the Corporations Act 2001 (Cth) is a separate legal entity that can hold assets, enter contracts and incur liabilities in its own name. That separation is valuable, but it only protects you if the structure is set up and maintained properly. We help South Australian businesses get the foundations right and keep them right. Who this is for: - Founders incorporating a new company or restructuring an existing one - Co-owners who need a shareholders agreement before — or after — a disagreement - Directors facing a governance question, conflict of interest or potential breach of duty - Businesses bringing in an investor, issuing shares or planning a sale or succession How we help: - Company formation and structuring, including holding company and trust arrangements - Shareholders agreements, buy-sell provisions and share transfer restrictions - Corporate governance, constitutions and director and officer duties - Shareholder and director disputes, deadlock resolution and exit mechanisms How it works: 1. Scope — A direct conversation about the business, the owners and what you are trying to achieve commercially — not just legally. 2. Advise — Clear written advice on the structure and documents you need, with the trade-offs spelled out in plain English. 3. Draft — We prepare the constitution, shareholders agreement and resolutions, and explain every operative clause before you sign. 4. Maintain — Ongoing support as the company changes — new shareholders, funding rounds, governance questions and disputes. Common questions: Q: Do I need a shareholders agreement if I already have a company constitution? A: In most cases, yes. A constitution sets out the basic rules required by the Corporations Act, but it is a public document and does not deal with the practical realities of co-ownership — funding obligations, deadlock, share transfers, tag-along and drag-along rights, or what happens when an owner exits. A shareholders agreement is a private contract between the owners that fills those gaps. It is far cheaper to agree these terms at the outset than to litigate them later. Q: What is the difference between a director and a shareholder? A: A shareholder owns part of the company; a director runs it. The two roles are distinct, with different rights and duties. In small companies the same people often hold both roles, which is exactly why disputes can become complicated — a well-drafted shareholders agreement keeps the two capacities separate and clear. Q: Can Zed Legal help with a director or shareholder dispute? A: Yes. We advise directors and shareholders on disputes including breaches of directors’ duties, oppression of minority shareholders, deadlock between equal owners, and the mechanisms available to resolve or exit. We aim to resolve matters commercially where possible and advise on litigation only where it is genuinely warranted. --- ### Commercial Law — Commercial Lawyers in Adelaide URL: https://zed.legal/services/commercial-lawyer-adelaide Area served: Adelaide, South Australia Zed Legal Australia provides commercial law services in Adelaide and South Australia, including contract drafting and negotiation, business acquisitions and sales, terms of trade and supply agreements, and commercial dispute resolution and debt recovery. Commercial law is where deals get done. We draft, review and negotiate the contracts that sit underneath your revenue — and step in when an arrangement turns into a dispute. Practical advice that protects your position at every stage of a transaction. Overview: Every business runs on agreements: with customers, suppliers, contractors, landlords and partners. When those agreements are clear and properly drafted, they prevent disputes. When they are vague, borrowed from a template, or never written down, they create them. We act for South Australian businesses across the full commercial lifecycle — from the terms of trade you issue every day, to the one-off acquisition that defines the next decade. The goal is the same throughout: agreements that say what you actually mean and hold up when it matters. Who this is for: - Businesses entering a significant contract, supply arrangement or joint venture - Buyers and sellers of a business who need the sale agreement done properly - Owners issuing terms of trade, service agreements or supplier contracts - Anyone facing a contract dispute, unpaid debt or breach of agreement How we help: - Contract drafting, review and negotiation across all commercial arrangements - Business acquisitions and sales, including due diligence and sale agreements - Terms of trade, supply agreements and standard-form contracts - Commercial dispute resolution and debt recovery How it works: 1. Understand — We start with the commercial objective and the risk you are actually worried about — then work back to the legal document. 2. Review or draft — We review what is in front of you or draft from scratch, flagging the clauses that carry real consequences. 3. Negotiate — Where there is a counterparty, we negotiate the terms that matter and let the boilerplate go. 4. Resolve — If a dispute arises, we advise on the fastest commercial path to a resolution you can live with. Common questions: Q: Should I have a lawyer review a contract before I sign it? A: For any contract with meaningful financial or legal consequences, yes. The cost of a review before signing is almost always lower than the cost of being bound by a clause you did not understand. We focus on the provisions that actually carry risk — liability, termination, indemnities, payment and dispute resolution — rather than charging you to read boilerplate. Q: Can you help me buy or sell a business? A: Yes. We act for both buyers and sellers on business sales and acquisitions, including due diligence, the sale agreement, restraint of trade clauses, employee and lease transfers, and completion. We work alongside your accountant to make sure the legal and tax structures align. Q: What can I do about an unpaid invoice or a customer in breach? A: We advise on debt recovery and breach of contract, from a formal letter of demand through to litigation where necessary. Strong terms of trade make recovery faster and cheaper, so we also help businesses put proper terms in place before problems arise. --- ### Conveyancing — Conveyancing in Adelaide & South Australia URL: https://zed.legal/services/conveyancing-adelaide Area served: South Australia Yes — Zed Legal Australia provides residential and commercial conveyancing throughout South Australia, including contract and Form 1 review, off-the-plan contracts, title searches and due diligence, and settlement coordination. Because the firm is a law practice, your conveyancing is handled by a qualified lawyer, and interstate and overseas clients buying or selling in South Australia can be assisted remotely. We manage every legal step of your property transaction — from the moment a contract is signed through to final settlement. Clear communication, accurate timelines and no surprises. Your matter is handled by a lawyer, not passed down a line. Overview: Conveyancing is the legal process of transferring ownership of property from one party to another. In South Australia it is governed by the Land and Business (Sale and Conveyancing) Act 1994, and the detail matters: contract terms, the Form 1 vendor’s statement, cooling-off rights, searches, adjustments and the mechanics of settlement. Because Zed Legal is a law firm rather than a standalone conveyancing business, you get a lawyer’s judgment on the issues that a routine transaction can hide — easements and encumbrances, contract special conditions, off-the-plan risk and title defects — at a fixed, transparent fee. Who this is for: - Buyers and sellers of residential property in South Australia - Purchasers signing an off-the-plan contract who want the risks reviewed first - Interstate and overseas clients buying or selling property in South Australia - Anyone needing a contract or Form 1 reviewed before the cooling-off period ends How we help: - Residential and commercial purchase and sale - Contract and Form 1 review before you are bound - Off-the-plan contracts, title searches and due diligence - Settlement coordination, adjustments and dispute resolution How it works: 1. Review — We review the contract and Form 1 — ideally before you sign, or within the two-business-day cooling-off period — and explain what you are committing to. 2. Investigate — Title searches, council and statutory enquiries and due diligence to surface anything that affects the property. 3. Coordinate — We liaise with the agent, your lender and the other side, prepare transfer documents and calculate adjustments. 4. Settle — We complete settlement electronically, confirm the transfer and tell you the moment the property is yours. Common questions: Q: Do I need a conveyancer or a lawyer to buy property in South Australia? A: You are not legally required to use either, but property is almost always the largest transaction a person enters, and the contracts are binding and technical. Using a lawyer gives you the same settlement service as a conveyancer plus legal advice on contract terms, title issues and disputes if they arise — which a conveyancer cannot provide. At Zed Legal your conveyancing is handled by a qualified lawyer. Q: How long is the cooling-off period in South Australia? A: For most residential purchases in South Australia there is a two-business-day cooling-off period that begins when the contract is signed. It does not apply to auction purchases. Because the window is short, we recommend having the contract reviewed before you sign rather than relying on cooling off. Q: Can you handle my conveyancing if I live interstate or overseas? A: Yes. We regularly act for interstate and overseas clients buying and selling property in South Australia. Documents can be signed and witnessed remotely, and settlement is completed electronically, so you do not need to be in Adelaide. Q: Can you review an off-the-plan contract? A: Yes. Off-the-plan contracts carry risks that standard purchases do not — sunset clauses, permitted variations, deposit terms and valuation risk at settlement. We review the contract, the plan of division and the inclusions schedule and explain the risks before you commit. --- ### Property Law — Property Lawyers in South Australia URL: https://zed.legal/services/property-law-south-australia Area served: South Australia Zed Legal Australia advises on property law across South Australia, including commercial leasing and retail tenancies, easements, covenants and encumbrances, property development, strata and community title, and the division of property after separation or divorce. Beyond buying and selling, property law covers the full lifecycle of land ownership. We advise individuals, investors and developers on every dimension of their property interests — and help separating couples divide property fairly and finally. Overview: Property law reaches well beyond a single transaction. It governs how land is leased, developed, subdivided, shared and disputed, and how property is divided when a relationship ends. Each of these areas has its own rules, and small drafting decisions can have lasting financial consequences. We act for owners, investors and developers on the commercial side, and for individuals and families navigating property division after separation. In every case the aim is the same: certainty about your rights, and a clear path to the outcome you need. Who this is for: - Landlords and tenants entering or disputing a commercial or retail lease - Owners dealing with easements, covenants, encumbrances or boundary issues - Investors and developers undertaking subdivision or land development - Separating couples dividing real property and other assets How we help: - Commercial leasing and retail tenancy agreements and disputes - Easements, covenants, encumbrances and boundary matters - Property development, subdivision and strata and community title - Property settlement and the division of assets after separation or divorce How it works: 1. Assess — We establish your interest in the property, the documents that govern it and the outcome you need. 2. Advise — Clear advice on your rights and options, whether the matter is a lease, a development or a separation. 3. Act — We draft and negotiate the documents, or pursue the agreement or order required to resolve the matter. 4. Finalise — We complete the registration, settlement or formalisation so the outcome is binding and final. Common questions: Q: How is property divided after a divorce or separation in Australia? A: Property division after separation is governed by the Family Law Act 1975 (Cth) and is based on what is just and equitable, not an automatic 50/50 split. The process considers the asset pool, each party’s financial and non-financial contributions, and future needs. An agreement can be formalised by consent orders or a binding financial agreement so it is legally final. We advise on reaching and documenting a fair settlement, and on the conveyancing required to transfer property between parties. Q: Do I need a lawyer for a commercial lease? A: Commercial and retail leases are long-term financial commitments with terms that are often heavily weighted toward the landlord. Whether you are the landlord or the tenant, having the lease reviewed or drafted properly — rent reviews, outgoings, make-good, options and assignment — protects you for the full term. Retail leases also attract specific statutory protections that are easy to overlook. Q: What is an easement or encumbrance, and why does it matter? A: An easement is a right for someone to use part of your land for a specific purpose (such as access or drainage), and an encumbrance is a registered restriction or interest affecting the title. Both can limit what you can do with a property and affect its value. We advise on creating, removing and dealing with these interests, and review them as part of any purchase. --- ### Wills & Estates — Wills, Estates & Probate in Adelaide URL: https://zed.legal/services/wills-and-estates-adelaide Area served: South Australia Yes — Zed Legal Australia prepares wills, enduring powers of attorney, advance care directives and testamentary trusts, and provides probate, estate administration and executor support throughout South Australia under the Succession Act 2023 (SA). Estate planning is an act of care. We help individuals and families create the legal framework that protects what they have built — and we guide executors through probate and estate administration when the time comes. Overview: A well-drafted will does more than name who gets what. It appoints and empowers the right executor, deals with superannuation and blended-family complexity, protects vulnerable beneficiaries, and anticipates family provision claims. A template often does none of these things, and the cost of getting it wrong falls on the people you leave behind. South Australia’s succession laws were overhauled by the Succession Act 2023 (SA), which commenced on 1 January 2025 and replaced the former Wills Act 1936, Administration and Probate Act 1919 and Inheritance (Family Provision) Act 1972. We prepare estate planning documents that reflect the current law, and we administer estates and obtain grants of probate for executors. Who this is for: - Anyone without a current will, or with a will that predates a major life change - Parents, blended families and people with vulnerable beneficiaries to protect - People who want enduring powers of attorney and advance care directives in place - Executors who need to obtain probate or administer an estate How we help: - Will drafting and review, including testamentary trusts - Enduring powers of attorney and advance care directives - Grants of probate and letters of administration - Estate administration and executor support How it works: 1. Listen — We understand your assets, your family and what you want to happen — including the situations people usually overlook. 2. Advise — Clear advice on the documents and structures that achieve your wishes and reduce the risk of a dispute. 3. Prepare — We draft your will, powers of attorney and directives, and explain each document before you sign. 4. Administer — When the time comes, we guide executors through probate and the administration of the estate. Common questions: Q: What is probate and when is it required in South Australia? A: Probate is the Supreme Court’s formal recognition that a will is valid and that the executor has authority to administer the estate. It is not required for every estate — for example, where assets are jointly held or modest — but most estates that include real property in the deceased’s sole name, significant bank accounts or shares will need a grant of probate before those assets can be dealt with. We prepare and lodge probate applications and guide executors through the process. Q: Why use a lawyer instead of a will kit? A: Wills, powers of attorney and advance care directives are technical legal documents. Small errors — in execution, wording or witnessing — can make them invalid or easy to challenge, and the problems only surface when it is too late to fix them. A lawyer-prepared will also addresses superannuation, blended families, testamentary trusts and family provision risk, which a template cannot. Q: Does my will cover my superannuation? A: Not automatically. Superannuation is generally held in trust by your fund and does not form part of your estate unless it is directed there. To control where your super goes you usually need a valid binding death benefit nomination, which typically lapses after three years. We advise on aligning your super with your overall estate plan. Q: What happens if I die without a will in South Australia? A: If you die without a valid will (intestate), your estate is distributed according to the formula in the Succession Act 2023 (SA), which may not reflect your wishes — and the court appoints an administrator. Having a will lets you choose your executor, your beneficiaries and a guardian for minor children. --- ### Notary Public — Notary Public in Adelaide URL: https://zed.legal/services/notary-public-adelaide Area served: Adelaide, South Australia Yes — Zed Legal Australia provides notary public services in Adelaide, including document authentication and certification, certified copies, apostille certification through the Department of Foreign Affairs and Trade (DFAT), corporate and commercial notarisation, and powers of attorney for use overseas. A notary public authenticates documents for international use. We provide fast, precise notarial services accepted by foreign governments, courts and institutions — for the documents that need to travel. Overview: A notary public is an officer appointed by the Supreme Court whose seal and signature are recognised internationally. The notary verifies identity, authenticates the execution of documents, certifies true copies and administers oaths for documents intended for use outside Australia. This is different from a Justice of the Peace, whose certification is generally not accepted by foreign authorities. If an overseas bank, court, university, company registry or government department asks you to have a document "notarised", they almost always require a qualified notary public. We provide notarial services and arrange apostille or authentication through DFAT where the destination country requires it. Who this is for: - Individuals signing documents for use in another country - People authenticating qualifications, identity or status for overseas use - Businesses notarising company documents for foreign transactions - Anyone who has been asked to provide a notarised document or an apostille How we help: - Document authentication and certification for overseas use - Certified true copies of identity and corporate documents - Apostille and authentication arranged through DFAT - Powers of attorney and declarations for use in foreign jurisdictions How it works: 1. Confirm — We confirm what the receiving country requires — notarisation, apostille or full legalisation — so it is accepted first time. 2. Verify — You attend with photographic identification and the documents in their final form; we verify identity and execution. 3. Notarise — We apply the notarial certificate and seal in the form the destination country expects. 4. Legalise — Where required, we arrange the apostille or DFAT authentication so the document is ready to use overseas. Common questions: Q: What is the difference between a notary public and a Justice of the Peace? A: A Justice of the Peace can witness documents and certify copies for use within Australia. A notary public is appointed by the Supreme Court and authenticates documents for use overseas — their seal is recognised internationally under the Apostille Convention and bilateral treaties. If a foreign institution requires a document to be "notarised", a JP’s certification is generally not sufficient. Q: What is an apostille and do I need one? A: An apostille is a certificate issued by the Department of Foreign Affairs and Trade (DFAT) that authenticates a notary’s signature for use in countries that are party to the Hague Apostille Convention. Whether you need one — or full legalisation through an embassy — depends on the destination country. We confirm the requirement and arrange it for you. Q: What should I bring to a notary appointment? A: Bring current photographic identification (a passport is ideal for international documents), the documents you need notarised in their final form, and details of the country where they will be used. Do not sign documents that require witnessing beforehand — the notary needs to witness your signature. --- ### Australian Immigration — Australian Immigration Lawyers URL: https://zed.legal/services/immigration-lawyer-australia Area served: Australia Yes — Zed Legal Australia assists individuals, families and businesses with Australian immigration, including skilled migration (subclasses 189, 190 and 491), employer sponsorship (subclasses 482 and 186), partner and family visas, and permanent residency pathways. Australian immigration law is complex, frequently updated and unforgiving of errors. We guide individuals, families and businesses through every stage of the visa and residency process — with strategy first, paperwork second. Overview: A visa application is only as strong as the strategy behind it. Choosing the right subclass, meeting the criteria, assembling evidence in the right form and lodging at the right time all determine the outcome — and a misstep can mean delay, refusal or a period without a valid visa. We advise on the full range of Australian visas, from skilled and employer-sponsored migration to partner and family visas and the pathways to permanent residency. As a law firm, we can also advise where immigration overlaps with other areas — business sponsorship, property purchase or estate planning for new residents. Who this is for: - Skilled professionals seeking a migration or permanent residency pathway - Employers sponsoring overseas workers, and the workers being sponsored - Partners and families applying for partner, parent or family visas - Visa holders whose circumstances have changed and need to change visa How we help: - Skilled migration (subclasses 189, 190 and 491) - Employer sponsorship (subclasses 482 and 186) - Partner and family visa applications - Permanent residency pathways and visa strategy How it works: 1. Assess — We assess your eligibility across the available visa options and identify the strongest pathway for your circumstances. 2. Strategise — We map the timing, criteria and evidence needed, and flag any risks before they become problems. 3. Prepare — We prepare and organise the application and supporting evidence so the decision-maker sees a complete, coherent case. 4. Lodge & manage — We lodge, respond to any requests from the Department, and keep you informed through to a decision. Common questions: Q: Can I move from a student visa to a partner visa? A: You cannot hold two substantive visas at once, but you can generally lodge a partner visa application while holding a student visa. On lodgement you usually receive a Bridging Visa A, which activates only if your student visa expires before the partner visa is decided. Cancelling your student visa to activate the bridging visa is not permitted and can make you unlawful — so timing and advice matter. We help students navigate this safely. Q: How long does a partner visa take? A: Partner visa processing times are lengthy and vary. As a guide, onshore applications have recently taken well in excess of 24 months at the slower end, and offshore applications also commonly exceed 12 months. The quality and organisation of your evidence across the four assessment categories — financial, household, social and commitment — has a real effect on how smoothly the application proceeds. Q: Do you help employers sponsor overseas workers? A: Yes. We assist employers with standard business sponsorship, nomination and the subclass 482 and 186 visa programs, and we advise sponsored workers on their obligations and pathways to permanent residency. --- ### U.S. Immigration — US Immigration for Australians URL: https://zed.legal/services/us-immigration-lawyer-australia Area served: Australia and United States Yes — Zed Legal Australia assists Australian citizens with US immigration. Founder Bruno Confalone is admitted to practise in both Australia and the United States (California and New York), and the firm advises on the E-3 visa for Australians, L-1 and O-1 visas, immigrant visa and green card pathways, and dual-jurisdiction immigration strategy. Crossing borders, on solid ground. Bruno Confalone is admitted in both Australia and the United States — a rare combination that lets us advise clients moving between the two legal systems, whether relocating or managing cross-border matters. Overview: US immigration is a system of its own, and Australians have access to a pathway few other nationalities do: the E-3 visa, a specialty-occupation work visa reserved for Australian citizens. Alongside it sit the L-1 (intra-company transfer), the O-1 (extraordinary ability) and a range of immigrant visa and green card pathways. What sets this service apart is dual admission. Because Bruno Confalone is admitted in both Australia and the United States, we can advise on both sides of a move at once — the US application itself, and the Australian legal, property and estate consequences that come with relocating or living across two countries. Who this is for: - Australian citizens seeking to work in the United States on an E-3 visa - Professionals and executives exploring L-1 or O-1 visa options - Individuals and families pursuing a green card or immigrant visa - Anyone managing legal matters across both Australia and the United States How we help: - E-3 specialty-occupation visas for Australian citizens - L-1 intra-company transfer and O-1 extraordinary-ability visas - Immigrant visa and green card pathways - Dual-jurisdiction immigration strategy and USCIS petition preparation How it works: 1. Assess — We assess your eligibility across US visa categories and identify the right pathway for your goals. 2. Strategise — We plan the petition, timing and evidence — and the Australian-side consequences of the move. 3. Prepare — We prepare the petition and supporting evidence to the standard US adjudicators expect. 4. File & support — We file with USCIS or the relevant consulate and support you through to the decision and beyond. Common questions: Q: What is the E-3 visa and who can apply? A: The E-3 visa is a US work visa available only to Australian citizens working in a "specialty occupation" — a role that requires a relevant degree or equivalent. It is renewable, allows your spouse to work in the US, and is generally faster and cheaper than comparable visas. It is one of the most valuable immigration options available to Australians, and we advise on eligibility and prepare applications. Q: Why use a lawyer admitted in both Australia and the US? A: Moving between countries rarely involves just one legal system. Dual admission means we can advise on the US visa or petition and, at the same time, the Australian consequences — what happens to your property, your business interests, your tax residency and your estate planning. You get coordinated advice instead of two disconnected lawyers. Q: Do applications lodged by an attorney have better outcomes? A: Data on the E-3 program has consistently shown a higher success rate for applications lodged by attorneys than for self-represented applicants. While no lawyer can guarantee an outcome, professional preparation reduces the risk of avoidable errors and refusals. ## Insights — legal guides & commentary (full text) ### Do I Need a Lawyer or a Conveyancer in South Australia? URL: https://zed.legal/blog/lawyer-vs-conveyancer-sa Published: 2026-08-12 · Category: Property Law · 8 min read · Author: Bruno Confalone In South Australia you can use either a registered conveyancer or a lawyer to buy or sell property. For a straightforward transaction, a good conveyancer will do the job well. Here is where the line actually falls — and how to tell which one your matter needs before you sign. It is one of the first decisions you make when buying or selling property in South Australia, and it is usually made at the worst possible moment — a contract is already in front of you, the agent has recommended someone they use often, and the cooling-off clock has started running. The honest answer is this: in South Australia you can use either a registered conveyancer or a lawyer, and for a genuinely straightforward transaction a good conveyancer will do the job well. The distinction starts to matter when something about the transaction is not routine — and the difficulty is that you often cannot tell whether it is routine until someone has read the contract properly. Below is a plain-English guide to what each can do, where the line actually falls, and how to decide before you commit. What is the same Both registered conveyancers and lawyers are qualified, licensed and insured to carry out conveyancing in South Australia. For a standard residential purchase or sale, the day-to-day work looks much the same whoever you appoint: - Reviewing the contract and the Form 1 vendor's statement - Title, council and statutory searches - Preparing and lodging transfer documents - Calculating adjustments for rates, water and land tax - Stamp duty through RevenueSA and registration with Land Services SA - Electronic settlement through PEXA - Identity and source-of-funds verification under the AML rules that began on 1 July 2026 Both are regulated and both carry professional indemnity insurance — registered conveyancers under the Conveyancers Act 1994 (SA), administered by Consumer and Business Services, and lawyers under the Legal Practitioners Act 1981 (SA), through the Law Society of South Australia and the Legal Profession Conduct Commissioner. So the real question is not who is more careful, or who is better at moving a title from one name to another. It is what happens when your transaction throws up something that is not, strictly speaking, conveyancing. Where the line actually falls A registered conveyancer's work is limited by statute to conveyancing work — broadly, preparing and lodging the documents needed to give effect to a dealing in land. A conveyancer cannot give legal advice outside that scope, cannot act for you in a dispute, and cannot appear in a court or tribunal. This is not a criticism of conveyancers. It is the boundary the legislation draws around their registration, and a conscientious conveyancer will tell you plainly when you have reached it. The point is simply that the boundary exists, and it is worth knowing where it sits before you need to cross it. What you needRegistered conveyancerLawyer Standard purchase or sale, searches and settlementYesYes Checking the contract and Form 1YesYes Certificate to waive the cooling-off periodYesYes Advising on and negotiating unusual special conditionsLimited — can shade into legal adviceYes Buying through a company, trust or SMSFUsually refers outYes Deceased estates and transmission applicationsUsually refers outYes Transfers as part of a separation or divorceUsually refers outYes Easements, encroachments, caveats and title defectsUsually refers outYes Acting for you in a dispute or breach of contractNoYes Client legal privilege over your communicationsGenerally not availableYes When a registered conveyancer is enough Plenty of South Australian transactions are exactly what they appear to be, and there is no reason to over-engineer them. A registered conveyancer is a sensible choice where you are buying or selling an established residential property in your own name, the title is clean and unencumbered, the contract is the standard form with no unusual special conditions, finance is straightforward, and neither side is under pressure or in dispute. If that describes your matter, the most useful thing you can do is simply appoint someone early — before you sign, not after — so there is time to read the contract properly rather than racing the two-business-day cooling-off window. When you want a lawyer The situations below come up more often than people expect, and each involves legal questions that sit outside conveyancing work: - Off-the-plan contracts. Sunset clauses, permitted variations, deposit terms and valuation risk at settlement are contract law problems, not settlement mechanics. We have written separately on what to look for in an off-the-plan contract. - Buying through a company, trust or self-managed super fund. How the purchase is structured affects duty, tax and succession for years afterwards — and since 10 August 2026 there are new restrictions on SMSF borrowing for residential property. - Deceased estates. Selling a property from an estate involves probate, transmission applications and the executor's duties to beneficiaries, which sit alongside estate administration rather than inside conveyancing. - Separation and divorce. A transfer between former partners has family law and duty consequences that need to be handled together, not sequentially. - Title problems. Easements, encroachments, unregistered interests, caveats and boundary disputes all require advice on legal rights, not just disclosure of their existence. - Commercial and mixed-use property. Existing leases, GST and going-concern treatment, and business assets sold with the premises take the matter well beyond a residential settlement. - Related-party and family transfers. Gifts, transfers between family members and arrangements involving a loan or a life interest need to be documented properly, and often need a will reviewed at the same time. - Anything that becomes contentious. A vendor who will not settle, a purchaser who cannot fund, a misdescription in the Form 1 or a failed special condition — the moment a transaction turns into a dispute, a conveyancer must hand it to a lawyer in any event. Two of these deserve emphasis, because they are the ones that most often surprise people: buying through a structure, and anything touching an estate. Both look like ordinary purchases on the face of the contract, and both can be expensive to unwind if the structure or the timing is wrong. The point nobody mentions: privilege Confidential communications between a client and a lawyer, made for the purpose of obtaining legal advice, attract client legal privilege. That protection generally does not extend to communications with a registered conveyancer. For most transactions this never becomes relevant. But if a purchase or sale later ends up in a dispute — with the other party, with a co-owner, with the Commissioner of State Taxation, or in a family law proceeding — the question of what you said to your adviser, and when, can matter a great deal. It is a quiet difference, and one worth knowing about at the start rather than discovering later. Does a lawyer cost more? This is the assumption that drives most of these decisions, and it is worth testing rather than accepting. In South Australia, fees for standard residential conveyancing are broadly comparable between registered conveyancers and law firms that do this work regularly. The headline figure is rarely where the real difference lies. What matters more is what the quote actually includes, and what happens when something goes wrong. If a matter has to be referred to a lawyer partway through — because a title issue emerges, or the vendor refuses to settle, or the structure turns out to be unsuitable — you generally pay for the conveyancing and then pay again for the legal advice, often under time pressure. Having the legal capability in place from the beginning is usually the cheaper path, not the more expensive one. When you compare quotes, compare like with like: ask for a fixed fee, ask what disbursements sit on top of it, and ask what happens — and what it costs — if the matter stops being routine. What to ask before you appoint anyone - Are you a registered conveyancer or a law practice? - Is the fee fixed, and what disbursements are additional? - Who will actually handle my file day to day? - Can you review the contract before I sign, rather than during cooling-off? - Have you handled this type of matter before — off-the-plan, an estate, a trust or company purchase, commercial premises? - What happens if a title issue or a dispute arises? Who deals with it, and at what cost? The last question is the most revealing one. A clear answer to it tells you more about how your matter will be handled than any quote. How Zed Legal can help Zed Legal is a law practice, so your conveyancing is handled by a qualified lawyer at a fixed, transparent fee — you are not choosing between good settlement service and legal advice, and you are not paying a premium for the combination. If the transaction is straightforward, it is handled efficiently and you hear from us when there is something to say. If it is not, the advice is already in the room. We act for buyers and sellers throughout South Australia, including interstate and overseas clients, and regularly handle the matters that sit at the edge of conveyancing work — title and property law issues, purchases through companies, trusts and SMSFs, estate sales, and transfers arising from separation. Bruno Confalone, our principal, has been appointed to the PEXA Advisory Council for 2026–2027, bringing a practitioner's perspective to the development of electronic conveyancing nationally. If you have a contract in front of you — or you are about to list — send it to us before you sign. Call (08) 8166 7569 or email hello@zed.legal for a fixed-fee quote. We reply within one business day, and there is no obligation. This article is general information only and is current as at August 2026. It is not legal advice and does not take your circumstances into account. The scope of work a registered conveyancer may perform is set by the Conveyancers Act 1994 (SA) and may change. Please obtain advice specific to your situation before signing a contract or appointing a representative. Key questions: Q: Do I need a lawyer or a conveyancer to buy a house in South Australia? A: You can use either — there is no legal requirement to use one or the other, and for a straightforward established residential purchase in your own name, a registered conveyancer will generally handle the matter well. A lawyer is the better choice where the transaction involves legal questions beyond the settlement itself, such as an off-the-plan contract, a purchase through a company, trust or SMSF, a deceased estate, a separation, a title defect, or any situation that could become a dispute. Q: What can a lawyer do that a conveyancer cannot in South Australia? A: A registered conveyancer's work is limited by statute to conveyancing work — broadly, preparing and lodging the documents needed to effect a dealing in land. A conveyancer cannot give legal advice outside that scope, cannot act for you in a dispute or breach of contract, and cannot appear in a court or tribunal. A lawyer can do all of that, and can also advise on related matters such as ownership structuring, estates, family law transfers and commercial leases that a conveyancer would need to refer out. Q: Is a lawyer more expensive than a conveyancer for conveyancing in SA? A: Not necessarily. In South Australia, fees for standard residential conveyancing are broadly comparable between registered conveyancers and law firms that do this work regularly. The more important comparison is what the fee includes, what disbursements sit on top, and what happens if the matter stops being routine — if a file has to be referred to a lawyer partway through, you generally pay twice, and under time pressure. Ask for a fixed fee and ask what a complication would cost. Q: Can a conveyancer review my contract before I sign? A: Yes. Both registered conveyancers and lawyers can review a contract and the Form 1 vendor's statement, and both can give the certificate used to waive the cooling-off period. Whoever you appoint, have the contract reviewed before you sign rather than relying on the two-business-day cooling-off window, which is very short and does not apply to auction purchases. Q: Are communications with a conveyancer confidential in the same way as with a lawyer? A: Not in the same way. Confidential communications between a client and a lawyer, made for the purpose of obtaining legal advice, attract client legal privilege. That protection generally does not extend to communications with a registered conveyancer. This rarely matters in a routine transaction, but it can matter a great deal if the matter later becomes the subject of a dispute or proceeding. Q: I am buying through a family trust or SMSF — does that change who I should use? A: Generally yes. How a purchase is structured affects duty, tax and succession for years afterwards, and it is far easier to get right at the outset than to unwind later. Since 10 August 2026 there are also new restrictions on self-managed super funds entering limited recourse borrowing arrangements to buy residential property, which makes contract timing important. These are legal and tax questions rather than conveyancing work, so a lawyer working alongside your accountant is the sensible approach. Q: What should I ask before appointing a conveyancer or lawyer? A: Ask whether they are a registered conveyancer or a law practice; whether the fee is fixed and what disbursements are additional; who will handle your file day to day; whether they can review the contract before you sign; whether they have handled your type of matter before; and — most usefully — what happens, and what it costs, if a title issue or dispute arises. The answer to that last question tells you the most. --- ### SA Property Investors: Key 2026–27 Legal Changes URL: https://zed.legal/blog/property-investor-changes-2026-27-sa Published: 2026-07-11T11:00:00+09:30 · Category: Property Law · 8 min read · Author: Bruno Confalone A wave of new laws is reshaping property investment in 2026–27: a ban on new SMSF residential property loans from 10 August 2026, and negative-gearing and capital-gains-tax changes from 1 July 2027. Here is what South Australian investors need to know. The start of a new financial year usually brings a few tax tweaks. This year is different. A significant package of reforms affecting property investors has now passed federal Parliament, and if you own — or are thinking about buying — an investment property in South Australia, some of these changes are worth understanding now rather than later. Below is a plain-English guide to what has changed for 2026–27, what is coming, and the practical steps that can make a real difference to how a purchase or sale is timed and structured. None of this is tax or financial advice — but several of the changes turn on legal timing and structuring, which is exactly where getting the right advice early pays off. What has actually changed? Most of the headline measures sit inside the Treasury Laws Amendment (Tax Reform No. 1) Act 2026, which received Royal Assent on 26 June 2026. Importantly, the changes commence at different times: one lands in August 2026, while the largest reforms do not begin until 1 July 2027. Knowing which is which is the key to planning sensibly rather than reacting. 1. A ban on new SMSF loans for residential property (from 10 August 2026) This is the most immediate change. From 10 August 2026, a self-managed superannuation fund (SMSF) will no longer be able to enter a new limited recourse borrowing arrangement (LRBA) to buy residential property. In plain terms, if you were planning to have your SMSF borrow to purchase a residential investment property, that window is closing. A few points matter here: - Existing arrangements are grandfathered. If your SMSF already has an LRBA in place, it is not affected, and refinancing an existing arrangement is expected to remain possible. - Commercial and business real property are not caught. The ban is aimed at residential property. An SMSF borrowing to acquire commercial premises — including, in many cases, the premises your own business operates from — is treated differently. - The trigger is when you exchange contracts, not settlement. If a fund enters into the purchase before commencement, it can generally proceed under the existing rules. That makes contract timing critical for anyone with an SMSF purchase already in motion. If your SMSF is mid-purchase, the practical priority is aligning the contract and finance steps so you are not caught on the wrong side of the date. It is worth reviewing this with your adviser and your conveyancer without delay. 2. Negative gearing changes (from 1 July 2027) From 1 July 2027, the tax treatment of rental losses on residential property is changing. In broad terms, where a residential property is acquired after 7:30pm (AEST) on 12 May 2026 — the moment the change was announced — net rental losses will generally no longer be able to be offset against your other income, such as your wages. Instead, those losses are "quarantined" and carried forward to offset future residential rental income or capital gains. Two important carve-outs soften this: - Properties acquired before the 12 May 2026 cut-off are grandfathered — they keep their existing negative-gearing treatment. - New residential dwellings acquired after the cut-off can continue to be negatively geared, reflecting the policy's focus on encouraging new housing supply. Because the outcome turns on when a property is acquired and whether it is new or established, the way and timing of a purchase can materially affect how it is taxed for years to come. That is a question to work through with your accountant, alongside advice on the contract itself. 3. Capital gains tax changes (from 1 July 2027) Also from 1 July 2027, the long-standing 50% CGT discount for individuals and trusts is being replaced. In its place, gains are to be adjusted for inflation using cost-base indexation, with a 30% minimum tax applying to net capital gains. The changes are directed at resident individuals and trusts; companies, superannuation funds, and foreign or temporary residents retain their existing CGT treatment. For long-term investors, this shifts the arithmetic on when it makes sense to sell, and on whether property is best held personally, in a trust, or in another structure. There is no need to act rashly — but it is a good reason to review your holdings and ownership structure well before the 2027 start date, rather than in a hurry close to it. 4. The new $3 million super tax (Division 296, from 1 July 2026) If you hold property or other assets inside superannuation, Division 296 is worth knowing about. From 1 July 2026, an additional 15% tax applies to the portion of your superannuation earnings attributable to a total super balance above $3 million (with a further 10% above $10 million). It is measured per person and first assessed after 30 June 2027. For an SMSF member with a substantial property inside the fund, this is primarily a question for your accountant and financial adviser. The legal dimension tends to arise around succession — how fund assets and control pass on death — which sits naturally alongside your broader estate planning. What this means for South Australian investors These are Commonwealth changes, so they apply across Australia — but they layer on top of the South Australian settings investors already navigate, including land tax (assessed by RevenueSA on taxable landholdings above the annual threshold) and the foreign ownership surcharges that apply to some purchasers. The restrictions on foreign buyers acquiring established homes also remain in place. In practice, a South Australian investor now has more moving parts to line up: the federal reforms, state land tax and duty, and the usual conveyancing and structuring decisions. The reassuring news is that none of this makes property investment unworkable. It simply rewards planning — and penalises leaving decisions to the last minute. What you can do now - If an SMSF residential purchase is on the table, check where you stand against the 10 August 2026 date and get the contract and finance steps aligned early. - If you are buying an investment property generally, understand whether it is treated as new or established, and how the 12 May 2026 cut-off affects it, before you commit. - If you hold property in your own name or a trust, it is a sensible time to review your ownership structure ahead of the 2027 CGT and negative-gearing changes. - If significant assets sit in super, revisit your estate and succession planning so control and benefits pass the way you intend. - Coordinate your advisers. These reforms sit at the intersection of tax, finance and law — the best outcomes come when your accountant, financial adviser and lawyer are working from the same page. How Zed Legal can help We are a South Australian law practice, not a tax agent or financial adviser — but much of what determines your position under these reforms is legal: how and when a contract is entered into, how a purchase is structured, and how property held in a company, trust or SMSF is dealt with over time and on death. Whether you need a conveyance handled with the timing right, structuring advice for a company or trust, property law guidance on a contract, or estate planning for assets held in super, we can work alongside your accountant to keep everything aligned. If you have a purchase, sale or structuring decision coming up, contact us on (08) 8166 7569 or at hello@zed.legal. This article is general information only and is current as at July 2026. It is not legal, tax or financial advice and does not take your circumstances into account. The measures described are set by Commonwealth law and administered by the ATO, and their detail and commencement may be subject to further guidance or change. Please obtain advice tailored to your situation — including from a registered tax agent or licensed financial adviser where relevant — before acting. Key questions: Q: When does the SMSF residential property loan ban start? A: From 10 August 2026, a self-managed super fund (SMSF) can no longer enter a new limited recourse borrowing arrangement (LRBA) to buy residential property. The change was made by the Treasury Laws Amendment (Tax Reform No. 1) Act 2026, which received Royal Assent on 26 June 2026. The key trigger is generally when contracts are exchanged, not settlement, so timing matters for any purchase already in progress. Q: Does the SMSF loan ban affect my existing SMSF loan or commercial property? A: No. Existing LRBAs are grandfathered and are not affected, and refinancing an existing arrangement is expected to remain possible. The ban is also aimed at residential property — borrowing to acquire commercial or business real property is treated differently. As always, the specific documents and circumstances should be checked before acting. Q: Are the negative gearing changes retrospective — do they affect property I already own? A: Generally no. Residential properties acquired before 7:30pm (AEST) on 12 May 2026 are grandfathered and keep their existing negative-gearing treatment. The change, from 1 July 2027, mainly affects established residential dwellings acquired after that cut-off, where net rental losses are quarantined rather than offset against other income. New residential dwellings acquired after the cut-off can generally still be negatively geared. Q: What is replacing the 50% capital gains tax discount? A: From 1 July 2027, the 50% CGT discount for individuals and trusts is to be replaced with cost-base indexation (adjusting gains for inflation using CPI), together with a 30% minimum tax on net capital gains. Companies, superannuation funds, and foreign or temporary residents keep their existing CGT treatment. How this affects you depends on your circumstances, so it is worth reviewing your holdings before the start date. Q: Does the $3 million super tax (Division 296) affect property held in my SMSF? A: It can. From 1 July 2026, Division 296 applies an extra 15% tax on the portion of your superannuation earnings attributable to a total super balance above $3 million (with a further 10% above $10 million), measured per person and first assessed after 30 June 2027. Whether and how it affects you is a question for your accountant or financial adviser; the legal side usually concerns how fund assets and control pass on death. Q: I'm buying an investment property in South Australia — what should I check? A: Before you commit, it is worth understanding whether the property is treated as new or established, how the 12 May 2026 negative-gearing cut-off applies, and — if you are buying through an SMSF — where you sit against the 10 August 2026 borrowing deadline. You should also factor in South Australian land tax and any duty surcharges. Getting the contract timing and ownership structure right at the outset is far easier than trying to fix it later. Q: Is this tax advice, and who should I speak to? A: No — this is general information only, and Zed Legal is a law practice rather than a tax agent or financial adviser. For the tax and financial detail, speak to your accountant or a licensed financial adviser. For the legal parts — contract timing, how a purchase is structured, and how property in a company, trust or SMSF is dealt with and passed on — we can help, and we are happy to work alongside your existing advisers. --- ### What the New AML Rules Mean When You Buy or Sell Property in South Australia URL: https://zed.legal/blog/aml-checks-buying-selling-property-south-australia Published: 2026-07-08 · Category: Property Law · 8 min read · Author: Bruno Confalone From 1 July 2026, new AML laws require South Australian conveyancers and lawyers to verify your identity and check your source of funds. Here is what property buyers and sellers should expect — and how to keep it simple. If you buy or sell property in South Australia from now on, you may notice your conveyancer or lawyer asking for a little more than they used to — photo identification, and some questions about where your money is coming from. This is not red tape for its own sake. From 1 July 2026, a significant change to Australia's anti-money-laundering laws applies to the legal and conveyancing professions for the first time. Here is what has changed, why it affects your property transaction, and how to make the process quick and painless. What has changed: the "Tranche 2" AML reforms Australia's Anti-Money Laundering and Counter-Terrorism Financing Act 2006 has, until now, applied mainly to banks, remitters and other financial institutions. The Anti-Money Laundering and Counter-Terrorism Financing Amendment Act 2024 extends that regime — widely known as the "Tranche 2" reforms — to a range of new professions from 1 July 2026. Those newly covered include lawyers, conveyancers, accountants, real estate agents, and dealers in precious metals and stones. In practical terms, a firm like ours must now enrol with AUSTRAC (the national financial-crime regulator), maintain a written AML/CTF program, verify who its clients are, keep records for seven years, and report anything that looks suspicious. AUSTRAC opened enrolment for these new businesses on 31 March 2026, with affected firms required to enrol before the end of July 2026. The aim of the reforms is to make it harder to launder money through property and professional services — an area both AUSTRAC and international bodies have flagged as higher-risk. Why your lawyer or conveyancer is now involved The obligations attach to particular "designated services." For a conveyancing or property practice, those include assisting a client to buy or sell real estate, and related work such as handling client money or helping to establish companies and trusts. Because services like these can, in theory, be misused to move illicit funds, the law now requires the practitioner to carry out checks before and during the work — not because you are suspected of anything, but because every client is checked. These obligations are backed by substantial penalties for firms that get them wrong, so you should expect the same checks from any reputable South Australian practice. The reforms also bring Australia into line with comparable countries, where lawyers and conveyancers have carried out these checks for years. If you have ever opened a bank account or taken out a home loan, the process will feel familiar. What this means when you buy or sell property in South Australia For a typical Adelaide house sale or purchase, there are three things to expect. 1. Verifying your identity Your practitioner will confirm who you are, usually from government-issued identification such as a passport or driver's licence, sometimes supported by a second document. This overlaps with the Verification of Identity step many South Australians already encounter in electronic conveyancing. If you are buying or selling through a company or trust, the firm will also need to identify the people who ultimately own or control it — known as the beneficial owners. 2. Understanding your source of funds You may be asked where the money for a purchase is coming from — for example, accumulated savings, the proceeds of selling another property, a gift from family, an inheritance, or a loan. This is called your source of funds (and, for larger or more complex matters, your source of wealth). It is a routine question, and providing clear evidence up front usually resolves it immediately. Helpful documents include recent bank statements, the contract for the sale of another property, a loan approval, or a short signed letter confirming a gift. 3. A few extra steps for some transactions Matters involving companies, trusts, overseas parties, or unusually large gifts can call for a little more information. That is normal and does not imply any suspicion — those structures simply take a few more steps to verify properly. Your practitioner can tell you at the outset exactly what will be needed. Will this delay or complicate my transaction? Handled early, these checks should not hold up your settlement. The verification is done at the start of a matter and sits alongside the usual South Australian conveyancing steps you already expect — the Form 1 vendor's statement, title and property searches, stamp duty through RevenueSA, registration with Land Services SA, and electronic settlement through PEXA. The most common cause of delay is leaving identity or funds information to the last minute, so the single best thing you can do is respond to your practitioner's requests promptly. Your information is treated confidentially and stored securely, and it is used only to meet these legal obligations — not shared for marketing or any unrelated purpose. How to make the process smooth A few simple steps will keep your matter moving: - Have current photo identification ready (a passport or driver's licence). - If your deposit or purchase funds come from savings, keep recent bank statements handy. - If funds come from selling another property, an inheritance, or a family gift, gather the supporting paperwork — a contract, an estate document, or a brief signed gift or loan letter. - For a company or trust purchase, have the incorporation or trust documents and details of the beneficial owners available. - Respond to requests early — ideally before you sign a contract or fix a settlement date. When you should get legal advice Most transactions are straightforward. It is worth speaking to a lawyer early if: - you are buying or selling through a company or trust, or acting on behalf of someone else; - your funds are coming from overseas or from a more complex source; - you are receiving a large gift or loan to fund a purchase and want it documented correctly; - you are an executor selling property from a deceased estate; or - you are simply unsure what you will be asked for and would rather be prepared. How Zed Legal can help As a South Australian law practice, we build these requirements into every matter as a matter of course — discreetly, securely, and with as little friction as possible for you. Whether you are dealing with a residential or commercial conveyance, a more involved property law matter, or a purchase through a company or trust, we will tell you exactly what to prepare, verify everything correctly the first time, and keep your transaction on track. If you have a purchase or sale coming up, contact us at hello@zed.legal and we will make the compliance side simple. This article is general information only and is current as at July 2026. It is not legal advice and does not take your circumstances into account. AML/CTF obligations are set by Commonwealth law and administered by AUSTRAC, and how they apply depends on the specific service and situation. Please obtain advice tailored to your matter before acting. Key questions: Q: Why does my conveyancer or lawyer now need to verify my identity? A: From 1 July 2026, Australia's 'Tranche 2' anti-money-laundering reforms require lawyers and conveyancers to identify their clients, understand certain transactions, and keep records — obligations that previously applied mainly to banks. Verifying your identity is a standard first step and applies to every client, not just some. Q: What is 'source of funds' and why am I being asked about it? A: Source of funds simply means where the money for your purchase is coming from — for example savings, the sale of another property, a gift, an inheritance, or a loan. Under the new AML rules your practitioner may need to understand and, in some cases, evidence this. Providing clear documentation up front (such as bank statements or a sale contract) usually resolves it quickly. Q: When do the new AML rules start in Australia? A: The obligations for lawyers, conveyancers, accountants, real estate agents and several other professions commence on 1 July 2026 under the Anti-Money Laundering and Counter-Terrorism Financing Amendment Act 2024. AUSTRAC opened enrolment for these newly regulated businesses on 31 March 2026. Q: Do these checks apply to every property transaction in South Australia? A: The rules apply to a broad range of property and business-related legal and conveyancing services, so most South Australian property sales and purchases will involve identity verification and, where relevant, source-of-funds enquiries. Your practitioner will confirm exactly what applies to your specific matter. Q: What documents should I have ready? A: Usually current photo identification (a passport or driver's licence) and, where relevant, evidence of your source of funds — such as recent bank statements, the contract for the sale of another property, a loan approval, or a signed gift letter. For a company or trust purchase, have the incorporation or trust documents and beneficial-owner details ready too. Q: Will these checks delay my settlement? A: They should not, provided they are dealt with early. The checks are done at the start of a matter and sit alongside the usual conveyancing steps. The main cause of delay is leaving identity or funds information to the last minute, so responding promptly to your practitioner's requests keeps everything on track. Q: Is my information kept secure? A: Yes. The information you provide is treated confidentially, stored securely, and used only to meet these legal obligations. It is not used for marketing or shared for unrelated purposes. --- ### Downsizing in South Australia? The New Stamp Duty Relief Could Save You Up to $103,830 URL: https://zed.legal/blog/sa-downsizer-stamp-duty-relief-2026 Published: 2026-07-05 · Category: Property Law · 6 min read · Author: Bruno Confalone From 25 March 2026, South Australia abolished stamp duty for eligible downsizers aged 60 and over who move into a newly built home. Here's how the scheme works, who qualifies, and the conveyancing traps to watch before you sign. For many South Australians, the family home is the single largest asset they will ever own – and, for a long time, one of the biggest costs standing between an older owner and a more manageable place to live was stamp duty. That has just changed. From 25 March 2026, South Australia introduced a stamp duty relief scheme for eligible downsizers aged 60 and over. For those who qualify, it can mean the difference of tens of thousands of dollars – up to around $103,830 on a qualifying purchase. If a move has been on your mind, it is worth understanding exactly how the scheme works before you sign anything. What the New Scheme Does In simple terms, the scheme removes (or reduces) the transfer duty – commonly called stamp duty – payable when an eligible person aged 60 or over sells their long-time home and downsizes into a newly built replacement property. The relief is aimed squarely at freeing up established housing stock and encouraging new construction, so it does not apply to just any purchase. To qualify, the replacement property generally needs to be a newly built home, a brand-new (off-the-plan) apartment, or vacant land on which you intend to build your new principal place of residence. Established, previously-occupied homes are not covered. This mirrors the approach South Australia already takes with its first home buyer relief: the incentives are tied to new housing. Who Is Eligible While the detail sits with RevenueSA, the core eligibility conditions are that you (or at least one applicant on the contract) are aged 60 or over; that you are downsizing – selling, or having sold, your eligible principal place of residence and moving to a replacement property on a smaller land size than your existing home; that the replacement property is a new build, off-the-plan apartment, or vacant land to build on, and will become your principal place of residence; and that you entered into an eligible contract on or after 25 March 2026. The "smaller land size" test is an important and easily-overlooked condition. Downsizing here is measured against land area – so a move from a large suburban block into a modern home on a comparable or larger parcel may not qualify, even if the new home is smaller inside. The Value Caps The relief is not unlimited. For newly built homes and off-the-plan apartments, full relief is available where the dutiable value is $2 million or less, with partial relief above that and below $2.1 million. For vacant land, full relief applies up to $1.2 million, with partial relief above that and below $1.3 million. For most South Australian downsizers these thresholds are generous, but they matter at the top end of the market and for premium off-the-plan apartments, where a small difference in dutiable value can move you from full relief into the partial-relief band – or out altogether. Not Over 60? The First Home Buyer Exemption Still Stands The downsizer scheme sits alongside South Australia's existing first home buyer stamp duty exemption. Since June 2024, eligible first home buyers purchasing or building a new home have paid no stamp duty, with the previous property value cap removed – and many can also access the $15,000 First Home Owner Grant on the same new-build purchase. The common thread is deliberate: whether you are buying your first home or your last, South Australia's stamp duty relief is now firmly pointed at new construction. Established homes remain fully dutiable. The Conveyancing Traps to Watch The savings are real, but so are the conditions – and stamp duty relief is one of those areas where a small mistake at contract stage can quietly cost you the entire benefit. Eligibility hinges on when you enter into the contract, not when you settle, so getting the sequence and dates right between selling your existing home and committing to the new one is critical. The relief also assumes you will actually live in the property, so investment purchases, or arrangements where the property is held for someone else, can fall outside the scheme. As noted above, "downsizing" is tested on land area, and only qualifying new-build categories are eligible – off-the-plan contracts in particular need careful review. Where a couple, family members, or a trust are involved, the way ownership is structured can also affect eligibility, and it is far harder to fix after signing. None of these are reasons to avoid the scheme – they are reasons to get advice before you sign the contract, while there is still room to structure things correctly. How Zed Legal Can Help Conveyancing in South Australia is our core work, and stamp duty relief is exactly the kind of area where a well-run conveyance pays for itself. We can confirm whether your proposed purchase is likely to qualify for downsizer or first home buyer relief, review your contract before you sign so timing and eligibility are locked in, coordinate the sale of your existing home with the new purchase, and manage the RevenueSA and settlement process end-to-end. If you are thinking about downsizing – or helping a parent who is – contact our team at hello@zed.legal for a no-obligation chat about your options. This article is general information only and current as at July 2026. It is not legal or financial advice and does not take your personal circumstances into account. Stamp duty relief is subject to detailed eligibility criteria and value thresholds set by RevenueSA, which may change. Please obtain advice specific to your situation before entering into any contract. Key questions: Q: Who is eligible for South Australia's downsizer stamp duty relief? A: The relief is aimed at people aged 60 or over who sell their principal place of residence and downsize to a replacement property on a smaller land size. The replacement must be a newly built home, a brand-new (off-the-plan) apartment, or vacant land on which you intend to build your new home, and you must have entered into the contract on or after 25 March 2026. Detailed eligibility criteria are set by RevenueSA. Q: How much stamp duty can a downsizer save? A: Eligible downsizers can save up to around $103,830. Full relief is available for newly built homes and off-the-plan apartments with a dutiable value of $2 million or less (with partial relief above that and below $2.1 million), and for vacant land up to $1.2 million (with partial relief below $1.3 million). Q: Does the relief apply to established (existing) homes? A: No. The downsizer relief only applies to new housing — a newly built home, an off-the-plan apartment, or vacant land to build on. Previously-occupied, established homes are not covered and remain fully dutiable. Q: Is 'downsizing' measured by house size or land size? A: It is measured by land area. The replacement property must be on a smaller land size than your existing home. A move into a home that is smaller inside but sits on a comparable or larger parcel of land may not qualify. Q: Does the eligibility date depend on when I sign or when I settle? A: Eligibility hinges on when you enter into the contract — it must be on or after 25 March 2026 — not on the settlement date. Getting the timing right between selling your existing home and committing to the new one is important, so it is worth obtaining advice before you sign. --- ### Understanding Off-the-Plan Contracts in South Australia URL: https://zed.legal/blog/understanding-off-the-plan-contracts-sa Published: 2026-03-15 · Category: Property Law · 8 min read · Author: Bruno Confalone Buying off the plan can be an attractive proposition – securing a property at today's price with settlement months or years away. But the contractual risks are real and often underestimated. What Is an Off-the-Plan Contract? An off-the-plan contract is a legally binding agreement to purchase a property that has not yet been built – or has not been fully constructed – at the time of signing. In South Australia, these contracts are governed by the Land and Business (Sale and Conveyancing) Act 1994 and supplemented by the general law of contract. Because the subject matter does not physically exist at the time of execution, these agreements carry a unique set of risks that differ materially from a standard residential conveyance. Purchasers are typically required to pay a deposit – commonly 10% of the purchase price – which is held in trust until settlement. Settlement occurs once the development is registered and a Certificate of Title is issued in respect of the specific lot being purchased. That gap between signing and settlement can span anywhere from six months to three or more years, during which market conditions, lending environments, and the purchaser's personal circumstances may change dramatically. Key Contractual Risks to Understand One of the most significant risks in an off-the-plan purchase is the sunset clause. A sunset clause entitles either the vendor or the purchaser to rescind the contract if the development is not completed by a specified date. Historically, some developers have deliberately delayed registration to invoke sunset clauses and re-sell lots at higher market prices. South Australian legislation now imposes restrictions on vendor-initiated sunset clause rescissions, requiring genuine grounds and, in some cases, Supreme Court approval, but purchasers should still review these clauses carefully with their solicitor before signing. Another area of concern is the permitted variations clause. Most off-the-plan contracts grant the developer a right to make variations to the building design, materials, floor plan, and finishes – sometimes to a substantial degree – without triggering a right to rescind on the part of the purchaser. It is critical to understand what variations are permitted and whether minimum specifications are locked in. A professional review of the inclusions schedule and any accompanying plan of division can reveal ambiguities that leave purchasers with far less than they bargained for. Finance and Valuation Risk Purchasers who rely on pre-approval finance at the time of signing may find that their borrowing capacity has changed significantly by settlement. Lenders will typically conduct a fresh valuation of the property at or near settlement, and if the completed property is valued below the contract price – a not uncommon outcome in a declining market – the purchaser may be required to fund a shortfall or face default. This is sometimes referred to as a "valuation gap" and it can place purchasers in an extremely difficult position. It is also worth noting that the First Home Owner Grant and stamp duty concessions may be affected by changes in legislation between signing and settlement. Purchasers should not assume that the concessions available at the time of signing will still be available – or calculated in the same way – by the time settlement occurs. Your solicitor can help you understand the current eligibility criteria and flag any pending legislative changes. What to Do Before You Sign Before executing any off-the-plan contract, we strongly recommend engaging a solicitor with specific experience in off-the-plan transactions to review the contract in its entirety – including the vendor's statement, the plan of division, the inclusions schedule, and all special conditions. Key issues to scrutinise include the sunset date and rescission rights, the permitted variations clause, the deposit terms and interest provisions, the body corporate or community corporation structure, and the estimated completion date and any delay provisions. Understanding your rights and obligations before you are bound by the contract is far preferable to seeking remedies after the fact. Key questions: Q: What is an off-the-plan contract? A: It is a legally binding agreement to buy a property that has not yet been built, or is not yet complete, at the time of signing. In South Australia these contracts are governed by the Land and Business (Sale and Conveyancing) Act 1994 and the general law of contract. Settlement happens later, once the development is registered and a Certificate of Title issues for the specific lot. Q: What is a sunset clause and why does it matter? A: A sunset clause allows the vendor or purchaser to end the contract if the development is not completed by a specified date. South Australian law now restricts vendor-initiated sunset rescissions, but the sunset date and rescission rights should still be reviewed carefully before you sign. Q: Can the developer change the design after I sign? A: Often, yes. Most off-the-plan contracts grant the developer a permitted-variations right to change the design, materials, floor plan and finishes — sometimes substantially — without giving the purchaser a right to rescind. It is important to understand exactly what variations are permitted and whether minimum specifications are locked in. Q: What happens if the property is valued below the purchase price at settlement? A: Lenders usually re-value the property at or near settlement. If the completed property is valued below the contract price — a 'valuation gap' — you may have to fund the shortfall from your own resources or risk defaulting. Finance pre-approval at signing does not guarantee the same borrowing capacity by settlement. Q: Should a solicitor review an off-the-plan contract before I sign? A: Yes. We strongly recommend a solicitor review the whole contract — the vendor's statement, plan of division, inclusions schedule and special conditions — before you are bound. Reviewing your rights beforehand is far preferable to seeking remedies after signing. --- ### How to Structure Your Small Business: Sole Trader vs. Company URL: https://zed.legal/blog/sole-trader-vs-company-structure Published: 2026-02-28 · Category: Commercial Law · 6 min read · Author: Bruno Confalone Choosing the right legal structure for your business is one of the most consequential decisions you will make as an entrepreneur. The wrong choice can cost you in tax, liability, and flexibility for years to come. The Core Distinction: Separate Legal Personality The fundamental difference between operating as a sole trader and operating through a company is the concept of separate legal personality. A company incorporated under the Corporations Act 2001 (Cth) is a distinct legal entity – it can enter contracts, own assets, incur liabilities, and sue and be sued in its own name. A sole trader, by contrast, is not legally separate from the business. The individual and the business are, in law, one and the same. This distinction has profound implications for personal liability, taxation, and the long-term structure of your enterprise. As a sole trader, your personal assets – your home, your savings, your car – are available to satisfy any business debts or legal judgments against you. There is no corporate veil to protect you. As a company director and shareholder, you generally enjoy limited liability, meaning your exposure is limited to the amount you have invested in the company (subject to important exceptions, including personal guarantees, insolvent trading, and breaches of directors' duties). Tax Considerations Sole traders are taxed at individual marginal rates on their business income, which can reach 47% (including the Medicare levy) for high earners. Companies are taxed at the corporate rate – currently 25% for base rate entities with an aggregated turnover below $50 million, and 30% for larger companies. This rate differential can create opportunities for tax deferral and income splitting when profits are retained in the company rather than distributed as dividends. However, the tax picture is more nuanced than the headline rate comparison suggests. Sole traders have access to the 50% capital gains tax discount for assets held more than 12 months; companies do not. Sole traders can also access the small business CGT concessions directly, whereas using those concessions through a company requires careful structuring. The interaction between company tax, franking credits, and personal income tax when dividends are paid also needs to be carefully modelled. A tax adviser who understands both the legal and accounting dimensions of business structuring is invaluable here. Administration and Compliance Operating as a sole trader is administratively straightforward. You register a business name with ASIC (if trading under a name other than your own), obtain an ABN, and lodge your business income as part of your individual tax return. There are no annual ASIC fees, no requirement to maintain company registers, and no obligation to prepare financial statements in a particular format. A company, by contrast, carries ongoing compliance obligations. These include lodging an annual company tax return with the ATO, paying an annual ASIC review fee, maintaining a register of members and officeholders, notifying ASIC of changes to directors and shareholders, and complying with the reporting and governance requirements of the Corporations Act. For small businesses, these obligations are manageable – but they are real, and the administrative burden should be factored into your decision. Which Structure Is Right for You? There is no one-size-fits-all answer. For very early-stage businesses with low turnover and minimal liability exposure, operating as a sole trader may be entirely appropriate, at least initially. For businesses with meaningful revenue, physical or professional liability risks, multiple founders, or plans to bring on investors, a company structure typically offers important advantages. Many business owners find that a company combined with a discretionary (family) trust as the shareholder creates the greatest flexibility for income distribution and asset protection – though this adds further complexity and cost. We recommend seeking legal and accounting advice before committing to any structure, particularly if you are entering into significant contracts or taking on staff. Key questions: Q: What is the main difference between a sole trader and a company? A: Separate legal personality. A company is a distinct legal entity that can own assets, incur liabilities and be sued in its own name. A sole trader is not legally separate from the business — the individual and the business are one and the same, which affects liability, tax and long-term structure. Q: Which structure offers better protection for my personal assets? A: A company generally provides limited liability, so your exposure is usually limited to what you have invested — subject to important exceptions such as personal guarantees, insolvent trading and breaches of directors' duties. A sole trader has no corporate veil, so personal assets can be used to satisfy business debts. Q: How are sole traders and companies taxed differently? A: Sole traders are taxed at individual marginal rates (up to 47% including the Medicare levy). Companies are taxed at the corporate rate — 25% for base rate entities and 30% for larger companies. However, sole traders can access the 50% CGT discount and small business CGT concessions more directly, so the headline rate is not the whole picture. Get tailored tax advice. Q: Is a company more expensive and time-consuming to run? A: Yes, somewhat. A company must lodge an annual company tax return, pay an annual ASIC review fee, maintain registers of members and officeholders, and comply with the Corporations Act. A sole trader is administratively simpler. For small businesses these company obligations are manageable but should be factored into the decision. Q: Which structure is right for my new business? A: There is no one-size-fits-all answer. Very early-stage, low-risk ventures may start as a sole trader, while businesses with meaningful revenue, liability exposure, multiple founders or investors often benefit from a company (sometimes with a discretionary trust as shareholder). Seek legal and accounting advice before committing. --- ### Five Things Your Will Must Do (But Probably Doesn't) URL: https://zed.legal/blog/five-things-your-will-must-do Published: 2026-02-10 · Category: Wills & Estates · 5 min read · Author: Bruno Confalone Most Australians who have a will believe they've taken care of their estate planning. Many haven't. Here are five critical functions a well-drafted will must perform – and why a standard template often falls short. 1. Clearly Identify Your Executor and Empower Them Properly Your executor is the person responsible for administering your estate – collecting assets, paying debts, dealing with superannuation funds, managing tax obligations, and ultimately distributing the estate to your beneficiaries. A will that simply names an executor without conferring adequate powers can leave that person unable to act efficiently, particularly where the estate includes a business, real property that needs to be managed, or complex financial assets. A properly drafted will grants the executor broad powers to invest, sell, and deal with estate assets without needing to seek court approval at every turn. It should also nominate a substitute executor in case your primary choice is unable or unwilling to act. 2. Address Superannuation Strategically This is perhaps the most common gap in Australian estate plans. Superannuation does not automatically form part of your estate – it is a trust asset held by your superannuation fund, and the trustee of that fund has discretion over who receives your death benefit unless you have made a valid binding death benefit nomination (BDBN). A will cannot direct where your superannuation goes. If you want certainty, you need a current, valid BDBN naming your preferred beneficiaries or your legal personal representative. BDBNs typically lapse after three years and must be renewed, and the eligible recipient categories are defined by superannuation law, not by you. Many clients are surprised to learn that their will has no effect over what is often their largest asset. 3. Account for Blended Family Complexity If you have children from a previous relationship, a current partner, and stepchildren, a simple "everything to my spouse" will is potentially a disaster waiting to happen. Upon your death, your spouse becomes the sole owner of the estate. If your spouse later remarries, has further children, or simply drifts apart from your children, there is nothing in law preventing them from leaving your assets entirely to someone else. A testamentary trust – a trust established under your will that comes into effect on your death – can provide for your current partner during their lifetime while preserving the capital for your children. This kind of structure requires careful drafting and should be considered by anyone in a blended family situation. 4. Protect Vulnerable Beneficiaries If you intend to leave assets to a beneficiary who has a disability, struggles with addiction, is in an unstable relationship, or is likely to be a target for creditors or the Family Court, a direct gift under your will may do them more harm than good. A testamentary trust allows you to appoint a trustee to manage assets on behalf of that beneficiary, provide income in a tax-effective manner, and protect the capital from external claims. For beneficiaries who receive disability support payments, a special disability trust may be appropriate. These are nuanced decisions that benefit greatly from legal advice. 5. Anticipate Family Provision Claims Under the Succession Act 2023 (SA) – which came into effect on 1 January 2025 and repealed the former Inheritance (Family Provision) Act 1972 – certain categories of "eligible persons" can apply to the Supreme Court for provision from your estate if they believe your will (or intestacy) has not made adequate provision for their proper maintenance, education, or advancement in life. The Act has revised and expanded the categories of eligible persons beyond those recognised under the old legislation; they now include spouses, domestic partners, former spouses and former domestic partners, children, stepchildren, grandchildren, parents, and siblings, each subject to specific qualifying conditions. You cannot completely will-proof your estate against such claims, but a well-considered will that includes a statement of testamentary intentions, documents the nature of your relationships with potential claimants, and makes considered provision for those with legitimate needs is in a far stronger position than one that simply ignores the issue. Your solicitor can advise you on who may have standing to bring a claim under the new Act and how best to structure your estate accordingly. Key questions: Q: Does my will control who receives my superannuation? A: Usually not. Superannuation is a trust asset held by your fund, and the trustee has discretion over your death benefit unless you have a valid binding death benefit nomination (BDBN). A will cannot direct your super. BDBNs often lapse after three years and must be renewed, so it is worth reviewing yours regularly. Q: Why does it matter which executor I choose and what powers they have? A: Your executor collects assets, pays debts, manages tax and superannuation, and distributes the estate. A will that names an executor without conferring adequate powers can leave them unable to act efficiently — especially where there is a business or complex assets. A well-drafted will grants broad powers and names a substitute executor. Q: How should a blended family approach their will? A: A simple 'everything to my spouse' will can unintentionally disinherit children from a previous relationship, because the surviving spouse becomes sole owner and can later leave the assets elsewhere. A testamentary trust can provide for your current partner during their lifetime while preserving capital for your children. Q: Can my will be challenged in South Australia? A: Yes. Under the Succession Act 2023 (SA), which commenced on 1 January 2025, certain eligible persons — including spouses, domestic partners, children, stepchildren and others — can apply to the Supreme Court for family provision if they believe adequate provision was not made. You cannot fully will-proof an estate, but a considered will with a statement of testamentary intentions is in a far stronger position. Q: Can a template or DIY will do all of this? A: Often not well. Template wills frequently miss superannuation, blended-family protection, vulnerable-beneficiary trusts and family-provision risk. Small drafting errors can also invalidate a will or make it easier to contest. A lawyer-drafted will tailored to your circumstances reduces these risks. --- ### Australia's Partner Visa: A Practical Guide for 2026 URL: https://zed.legal/blog/australia-partner-visa-guide Published: 2026-01-20 · Category: Immigration · 9 min read · Author: Bruno Confalone Australia's partner visa pathway is one of the most document-intensive and emotionally charged immigration processes the Department of Home Affairs administers. Understanding the requirements before you apply can save you years of delay. The Two-Stage Partner Visa Framework Australia's partner visa program operates on a two-stage framework. The first stage is a temporary visa – either a Subclass 820 (onshore) or Subclass 309 (offshore) – which grants the applicant the right to live and work in Australia while the permanent visa application is assessed. The second stage is the permanent visa – Subclass 801 (onshore) or Subclass 100 (offshore) – which is typically granted two years after the date the temporary visa application was lodged, provided the relationship is ongoing and genuine. Both stages are lodged as a single application and attract a single government fee, which is currently in excess of $9,000 and is non-refundable regardless of the outcome. To be eligible, you must be in a genuine and continuing relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. The Department assesses four categories of evidence: the financial aspects of the relationship, the nature of the household, the social aspects of the relationship, and the commitment of both parties to each other. Evidence in each of these four categories should be submitted from the outset of the application, not gradually added as the process progresses. Proving Relationship Genuineness The Department of Home Affairs requires applicants to demonstrate that their relationship is genuine – not entered into for the sole or primary purpose of obtaining a visa. This is assessed holistically, but the volume and quality of documentary evidence matters enormously. Financial evidence includes joint bank accounts, jointly held assets, joint mortgages or leases, and shared financial responsibilities. Household evidence includes shared leases, utility accounts, and statutory declarations from people who know the couple and can attest to their shared living arrangements. Social evidence includes photographs together, evidence of joint travel, social media history, and witness statutory declarations from friends and family who have observed the relationship. Commitment evidence includes correspondence, communications records, evidence of knowledge of each other's families and backgrounds, and where relevant, evidence of steps taken toward a shared future. Applications where couples have only recently commenced cohabitation, or where there are significant age gaps or other factors that might attract scrutiny, benefit particularly from thorough and well-organised documentation. A poorly organised application creates unnecessary doubt in the mind of the case officer. We strongly recommend preparing a detailed chronology of the relationship and tailoring the supporting evidence to that narrative. Processing Times and Bridging Visas Processing times for partner visas have historically been lengthy and remain unpredictable. As of early 2026, median processing times for onshore applications at the 75th percentile are in excess of 24 months, and complex cases can take considerably longer. For offshore applicants, the wait for the temporary Subclass 309 can similarly extend well beyond 12 months. Onshore applicants are typically granted a Bridging Visa A upon lodgement of their application, which allows them to remain lawfully in Australia and, in most cases, work without restriction while the application is processed. It is critical that applicants do not allow their current substantive visa to expire before lodging their partner visa application, as the type of bridging visa available – and the conditions attached to it – depend on the timing of lodgement relative to substantive visa validity. If travel is required during the processing period, a Bridging Visa B should be obtained before departing Australia, as departing on a Bridging Visa A without a BVB will cause that visa to cease, potentially leaving you offshore without a valid visa to return on. The Two-Year Wait and Relationship Breakdown The two-year temporary visa period is not merely an administrative formality – the Department actively monitors whether the relationship remains genuine and ongoing. If the relationship breaks down during the temporary period, there are limited circumstances in which the permanent visa can still be granted: primarily where the Australian partner has died, or where the overseas partner has been subjected to domestic violence by the Australian partner during the relationship. The domestic violence provisions are broader than many people realise and do not require criminal convictions – a range of documentary evidence from competent persons is accepted – but the process requires careful navigation. We encourage anyone in this situation to seek legal advice promptly rather than allowing uncertainty to compound. Key questions: Q: What are the stages of an Australian partner visa? A: The program is a two-stage framework. First a temporary visa — Subclass 820 (onshore) or 309 (offshore) — lets you live and work in Australia while the permanent visa is assessed. The permanent visa — Subclass 801 (onshore) or 100 (offshore) — is typically granted around two years after the temporary application was lodged, provided the relationship is genuine and ongoing. Both stages are lodged together for a single government fee. Q: How long does a partner visa take to process? A: Processing times are lengthy and unpredictable. As of early 2026, onshore applications at the 75th percentile were taking in excess of 24 months, and offshore Subclass 309 waits can extend well beyond 12 months. Complex cases can take longer. Q: What evidence proves a genuine relationship? A: The Department assesses four categories: the financial aspects (joint accounts, shared assets and liabilities), the nature of the household (shared lease, utilities), the social aspects (photos, joint travel, statutory declarations from friends and family), and mutual commitment. Strong, well-organised evidence in all four categories, submitted from the outset, is key. Q: Can I stay in Australia while my partner visa is processed? A: Onshore applicants are usually granted a Bridging Visa A on lodgement, which lets you remain lawfully in Australia and generally work without restriction. It is important not to let your current substantive visa expire before lodging, and to obtain a Bridging Visa B before travelling overseas. Q: What happens if the relationship breaks down during the process? A: The permanent visa can still be granted in limited circumstances — primarily where the Australian partner has died, or where the applicant has experienced family violence by the Australian partner. The family violence provisions are broader than many realise and do not require a criminal conviction, but they require careful navigation, so seek advice promptly. --- ### When Do You Actually Need a Notary Public? URL: https://zed.legal/blog/when-do-you-need-a-notary-public Published: 2025-12-18 · Category: Notary · 4 min read · Author: Bruno Confalone A notary public is not simply a person who stamps documents. They perform a specific legal function recognised under international law, and their involvement is often mandatory for documents intended for use overseas. The Role of a Notary Public in Australian Law A notary public is an officer of the law appointed by the Supreme Court of a state or territory, with a practice that extends to matters of international and public significance. In Australia, notaries are typically also admitted solicitors with additional qualifications in notarial practice. Their core function is to authenticate documents for use in foreign jurisdictions – verifying the identity of signatories, authenticating the execution of documents, certifying the authenticity of copies, and administering oaths and affidavits intended for use abroad. The notary's seal and signature carry legal weight that is recognised by courts and government agencies in countries around the world under the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (the Apostille Convention) and bilateral legal treaties. It is important to distinguish a notary public from a Justice of the Peace. A JP can witness statutory declarations and certify copies of documents for use within Australia, but a JP's certification does not carry notarial weight and is generally not accepted by foreign authorities. If a foreign institution – a government department, a court, a bank, a university, or a company registry – requires a document to be "notarised," they almost certainly require the involvement of a qualified notary public, not merely a JP. Common Situations Requiring Notarisation The most common situations in which individuals and businesses require notarial services include: executing powers of attorney for use overseas (for example, to authorise someone to deal with property or bank accounts in a foreign country on your behalf); authenticating educational certificates and professional qualifications for use in a foreign credentialing process; certifying the authenticity of Australian company documents, including certificates of incorporation, constitutions, and director resolutions, for use in foreign jurisdictions; witnessing the execution of documents that will be registered or relied upon in foreign courts; and preparing Apostilles – a specific certification endorsed by DFAT that authenticates the notary's signature for use in Hague Convention member countries. In a business context, cross-border commercial transactions frequently require notarised documents. If you are establishing a subsidiary company in another country, signing a foreign real estate contract, or executing an international joint venture agreement, the counterparty or the relevant foreign authority will often insist on notarised execution of key instruments. What to Bring to Your Notary Appointment To maximise the efficiency of your notary appointment, you should bring: current photographic identification (a passport is ideal, particularly if the document is for international use); any documents you wish to have notarised in their final, executed, or partially executed form; information about the country in which the document will be used, as different countries have specific requirements for notarial certificates; and if an Apostille is required, an awareness that this involves a separate application to the Department of Foreign Affairs and Trade following notarisation. Your notary will advise you on the specific requirements for your jurisdiction and document type. Allow adequate time before your deadline, as the process – including any required Apostille – can take a number of business days. --- ### Cooling-Off Periods in South Australian Property Transactions URL: https://zed.legal/blog/cooling-off-periods-sa-property Published: 2025-11-30 · Category: Property Law · 5 min read · Author: Bruno Confalone South Australia's cooling-off regime gives residential property purchasers a brief but important window to reconsider a purchase contract. Understanding when it applies – and when it doesn't – is essential. The Statutory Cooling-Off Period in South Australia Under the Land and Business (Sale and Conveyancing) Act 1994 (SA), a purchaser of residential property has a two-business-day cooling-off period commencing from the time the contract is signed. During this period, the purchaser may rescind the contract by serving written notice on the vendor or the vendor's agent. If the purchaser exercises this right, the vendor is entitled to retain 0.2% of the purchase price as a termination fee, but is not otherwise entitled to damages. The cooling-off right exists as a protection for consumers who may feel pressured into signing contracts at auctions or open inspections, and its existence cannot be waived or contracted out of by agreement between the parties. The cooling-off period is measured in business days, not calendar days. Saturdays, Sundays, and public holidays do not count. If the contract is signed on a Friday afternoon, the cooling-off period does not expire until the close of business on the following Tuesday (assuming Monday is not a public holiday). Notice of rescission must be in writing and served within that period. It is prudent to serve any notice of rescission in a way that creates a clear record of the time and method of service. Important Exceptions: When the Cooling-Off Period Does Not Apply The cooling-off right under the Act does not apply in all circumstances. Most significantly, it does not apply to properties sold by auction – if you purchase at auction, you are bound by the contract from the moment the hammer falls, with no cooling-off period. The cooling-off right also does not apply where the purchaser is a corporation, where the property is of a commercial or industrial nature, or where the purchaser has waived the right with the benefit of independent legal advice as evidenced by a certificate from the purchaser's solicitor or conveyancer. The "lawyers certificate" waiver is commonly used in circumstances where both parties want to proceed to an immediate exchange without the uncertainty of a cooling-off period – for example, in competitive multi-offer situations. It is also important to note that the cooling-off period is a right of rescission only – it is not a period during which the contract is conditional. The contract is binding from the moment of signing, and neither party can simply ignore their obligations during the cooling-off period on the assumption that the purchase will not proceed. If the purchaser does not rescind within the cooling-off period, the contract becomes fully binding on both parties. Practical Advice for Purchasers The two-business-day cooling-off period is very short, and there is limited time to have the contract reviewed, arrange a building inspection, or make inquiries about title. We strongly recommend engaging a solicitor or conveyancer before you sign any contract, not after. If you have signed a contract and wish to exercise the cooling-off right, contact your solicitor immediately to ensure the rescission notice is correctly drafted and served within time. Losing the cooling-off period through a procedural error or a misunderstanding of when it commenced can have significant financial consequences. The 0.2% termination fee – approximately $2,000 on a $1,000,000 purchase – is a modest cost compared to being locked into a purchase that no longer suits your circumstances. --- ### Shareholder Agreements: The Document You Hope You Never Need URL: https://zed.legal/blog/shareholder-agreements-explained Published: 2025-11-05 · Category: Commercial Law · 7 min read · Author: Bruno Confalone A shareholder agreement is the constitutional document that governs relationships between the owners of a private company. Most businesses that need one don't have one – and discover that only when something goes wrong. Why the Corporations Act Is Not Enough The Corporations Act 2001 (Cth) provides a default legal framework governing the relationships between shareholders and the company, the rights and duties of directors, and the mechanisms for making corporate decisions. For many large public companies, the Act's framework – supplemented by a detailed constitution – is broadly workable. For small private companies with two to five shareholders who are also directors and actively involved in running the business, the Act's default provisions are often wholly inadequate for managing the practical realities of co-ownership. The Act does not, for example, provide any mechanism for resolving deadlocks between equal shareholders, impose any obligation of good faith between shareholders in their dealings with one another, or restrict a shareholder from selling their shares to an unknown third party without the consent of the other shareholders. A shareholder agreement fills these gaps. A shareholder agreement is a private contract between all or some of the shareholders of a company. Unlike the company's constitution, it does not need to be filed with ASIC and its contents are not publicly available. It can contain provisions that are not permitted in a constitution under the Corporations Act, and it can be amended with the consent of the parties without going through the formal process of altering the constitution. It sits alongside the constitution as the primary document governing the internal affairs of the company. Key Provisions Every Shareholder Agreement Should Address Share transfer restrictions are among the most important provisions in any shareholder agreement. Without them, a shareholder can sell their shares to anyone – a competitor, a stranger, or a person the remaining shareholders would never have agreed to bring into the business – without needing the consent of the other shareholders. A right of first refusal requires a selling shareholder to offer their shares to the existing shareholders before offering them to an external buyer. A tag-along right allows minority shareholders to participate in a sale by a majority shareholder on the same terms. A drag-along right allows majority shareholders to compel minorities to sell in connection with a sale of the whole company. Each of these mechanisms serves a distinct purpose, and the appropriate combination depends on the structure and objectives of the specific business. Deadlock resolution provisions are critical in companies with equal shareholdings. If two 50% shareholders reach an impasse on a fundamental decision and there is no mechanism in the agreement for resolving that deadlock, the company can become paralysed – and the only recourse may be costly litigation or winding up. A well-drafted shareholder agreement will typically include an escalating dispute resolution procedure (mediation before arbitration or litigation), and may include a "shotgun" or "buy-sell" clause as a last resort, which allows either shareholder to set a price at which they will either buy the other out or sell their own shares to the other at that price. Funding Obligations and Exit Mechanisms Many shareholder disputes that come through our door are rooted in disagreements about funding. One shareholder believes the business needs capital investment; the other disagrees or cannot afford to contribute. A shareholder agreement can address this by establishing clear rules about how additional funding needs are to be met – whether by proportional capital contributions, shareholder loans, or external borrowing – and what happens if a shareholder refuses or is unable to meet a call for additional capital. Provisions dealing with the dilution of non-contributing shareholders, or the conversion of shareholder loans to equity, can prevent these disputes from becoming existential. Exit mechanisms – the agreed process by which a shareholder can leave the business – are equally important. These include provisions dealing with retirement, death, permanent disability, and involuntary departure (for example, where a shareholder-director is removed from their role). Each of these events needs a clear and agreed mechanism for valuing the departing shareholder's interest and effecting a buy-out. Without such mechanisms, the departure of a shareholder can trigger litigation over valuation and the right to remain as a shareholder without any active role in the business. The time to negotiate and agree on these provisions is at the outset of the relationship, not when the relationship is under strain. --- ### Estate Administration: What Executors Need to Know URL: https://zed.legal/blog/estate-administration-executors-guide Published: 2025-10-22 · Category: Wills & Estates · 6 min read · Author: Bruno Confalone Being named as an executor is an honour – and a significant legal responsibility. Many executors are surprised by the complexity, the timeline, and the potential personal liability involved in administering an estate. Accepting the Role: Rights and Responsibilities An executor is the person named in a will to administer the estate of the deceased. The role begins at the date of death – not at the grant of Probate – and the duties involved can extend for months or even years depending on the complexity of the estate. Before accepting the role, it is important to understand that an executor has a legal duty to act in the interests of the beneficiaries as a whole, to preserve and protect estate assets, to pay all debts and liabilities of the estate, and to distribute the remaining estate in accordance with the terms of the will. An executor who fails to fulfil these duties may be personally liable to the beneficiaries – and in some cases, to creditors of the estate. An executor is entitled to renounce the appointment, provided they have not already intermeddled in the estate (that is, taken steps to administer it). Renunciation must be done formally and at an early stage. It is not possible to renounce after you have begun the administration process. If you are named as executor and have concerns about your ability or willingness to act, you should seek legal advice promptly about whether renunciation or the appointment of a professional administrator might be more appropriate. Obtaining a Grant of Probate Probate is the formal legal recognition by the Supreme Court that a will is valid and that the executor has authority to administer the estate. In South Australia, a grant of Probate is not required in every case – for example, where the estate consists only of jointly held assets that pass automatically to the survivor, or where the estate is small enough that institutions will release assets without formal proof of authority. However, most estates that include real property in the deceased's sole name, significant financial accounts, or listed shares will require a grant of Probate before those assets can be dealt with. The Probate application involves filing the original will, a death certificate, an executor's affidavit, and an inventory of the assets and liabilities of the estate. The application is advertised online, and a grant is typically made within four to eight weeks of filing, absent complications. Once Probate is granted, the executor can begin formally collecting and dealing with estate assets. The executor retains personal copies of the Grant of Probate for use with financial institutions, land registries, and other relevant bodies. Paying Debts, Tax Obligations, and Making Distributions Before distributing the estate to beneficiaries, the executor must identify and pay all outstanding debts and liabilities of the deceased, including funeral expenses, outstanding mortgages, personal loans, credit card balances, and any tax liabilities. The ATO may require a final individual income tax return to be lodged for the deceased for the period up to the date of death, and a separate tax return may need to be lodged for the estate if it earns income during the administration period. Until the ATO has confirmed that all tax affairs are in order, it is generally not advisable to make final distributions – an executor who distributes assets before ensuring tax obligations are met may be personally liable for the outstanding amounts. Executors should also be alert to the possibility of family provision claims under the Succession Act 2023 (SA), which replaced the former Inheritance (Family Provision) Act 1972 with effect from 1 January 2025. The new Act revised both the categories of eligible applicants and the time limits for bringing a claim, and executors dealing with estates to which the new Act applies should obtain current legal advice as to the applicable limitation period before making distributions. Distributing the estate before that period has expired – without the consent of all potential claimants – exposes the executor to personal liability if a successful claim is later made and there are insufficient assets remaining in the estate to satisfy it. Many executors find it prudent to retain a buffer from the estate until the applicable period has passed, or to obtain appropriate indemnities from beneficiaries before making final distributions. --- ### Major Overhaul to South Australia's Succession Laws: What You Need to Know URL: https://zed.legal/blog/succession-act-2023-sa Published: 2024-12-31 · Category: Wills & Estates · 5 min read · Author: Bruno Confalone South Australia's succession laws are set to undergo a monumental transformation with the introduction of the Succession Act 2023, coming into effect on 1 January 2025. These changes will have widespread implications for will preparation, estate claims, and administration processes. Overview South Australia's succession laws are set to undergo a monumental transformation with the introduction of the Succession Act 2023. Coming into effect on 1 January 2025, this reform repeals three key Acts – the Administration and Probate Act 1919, the Inheritance (Family Provision) Act 1972, and the Wills Act 1936 – and introduces significant amendments to other intersecting legislation. These changes will have widespread implications for will preparation, estate claims, and administration processes. The Succession Act 2023 aligns South Australian succession laws with other Australian states like New South Wales, Victoria, and Queensland. Revised Rules on Access to Wills Previously, gaining access to a deceased person's will was often unclear and inconsistent. The new Act grants specific groups the right to inspect a will, including: - Individuals named in the will (beneficiaries or not) - Beneficiaries from earlier wills - Immediate family members such as surviving spouses, domestic partners, children, and step-children - Parents or guardians of the deceased - Persons entitled under intestacy laws - Guardians of minors referred to in the will - Individuals managing the deceased's estate prior to their death - Those with a valid claim against the estate This change simplifies the process of will access, ensuring transparency for those with legitimate interests. Estate Administration: A Clearer Path Forward The Act introduces several updates to streamline estate administration: - Small Estates: Executors can transfer property valued up to $15,000 directly to a surviving spouse, partner, or child without needing a Grant of Probate or Letters of Administration. - Uncertain Order of Death: When jointly-owned property's owners die simultaneously or in an unclear sequence, the property will be treated as if owned equally as tenants in common. - Debt Payment Rules: The Act codifies how a deceased's debts are paid, replacing complex common-law rules with a straightforward statutory framework. - Preferential Legacy Increase: On intestacy, the entitlement for a spouse or domestic partner increases from $100,000 to $120,000. - Codified Executor Duties: Executors' roles and responsibilities are now clearly defined, giving beneficiaries a clear recourse if they believe duties are breached. Inheritance Claims: Emphasis on Deceased's Wishes The Act's approach to inheritance claims represents a paradigm shift. Courts must now consider the deceased's intentions as the primary factor when determining family provision orders. Eligibility criteria have also been updated, with former spouses, step-children, grandchildren, parents and siblings all facing revised requirements. What This Means for You These reforms aim to simplify succession processes, provide clarity, and reduce administration costs. However, the practical implications of many changes will only emerge through court decisions over time. To ensure your estate plans align with these new laws and to safeguard your loved ones, contact our team today for tailored advice. --- ### Activate Bridging Visa Before Student Visa Expires? URL: https://zed.legal/blog/bridging-visa-student-to-partner Published: 2024-04-01 · Category: Immigration · 4 min read · Author: Bruno Confalone Students form a vital component of Australia's community. We frequently receive inquiries from student visa holders regarding the feasibility of applying for partner visas while maintaining their current status, and what this means for their employment authorisation. When a Student's Situation Changes As of January 2024, over 567,500 individuals held student visas in Australia. It is typical for students to establish romantic relationships during their Australian education, and Zed Legal frequently receives inquiries from student visa holders regarding the feasibility of applying for partner visas while maintaining their current status. Can I Move from a Student Visa to a Partner Visa? While simultaneous visa switching is not possible, applicants may submit a partner visa application while holding most other visa categories, including student visas. Upon lodging the partner visa application, applicants automatically receive a Bridging Visa A (BVA), which remains dormant initially. The BVA activates only if the substantive student visa expires before the partner visa receives a determination. Understanding the consequences of switching visa categories is essential. Should applicants cancel their student visa intending to pursue another visa type, they risk violating their student visa conditions, which can result in cancellation or create complications affecting future immigration prospects. Can I Cancel My Student Visa to Activate the BVA? The inactive BVA may appear more appealing because it typically imposes no weekly work hour restrictions, unlike student visas. However, cancelling a student visa to activate the BVA is not permissible. Cancelling the student visa generally produces these outcomes: - Your BVA is also cancelled. Although the partner visa application continues if lodged before student visa cancellation, applicants become unlawful. Remedying this requires submitting a Bridging Visa E (BVE) application, which lacks default work authorisation. - You will be unlawful – residing in Australia without valid visa authorisation. Pre-cancellation Australian residence cannot count toward citizenship residency requirements. - If applicants depart Australia while holding a BVE, re-entry becomes impossible because the BVE expires upon departure, and a three-year temporary visa exclusion applies. Advice for Students Students contemplating partner visa applications, or those considering cancelling their student visas, should contact Zed Legal. We communicate options with clarity, accuracy, and professionalism, avoiding complex legal terminology. For assistance, contact us at hello@zed.legal. --- ### Probate Laws in South Australia URL: https://zed.legal/blog/probate-laws-south-australia Published: 2023-02-25 · Category: Wills & Estates · 3 min read · Author: Bruno Confalone The term probate is often something you need to get your head around when a friend or family member passes away. Bruno from Zed Legal explains what probate is, when it becomes necessary, and how to apply for probate in South Australia. What is Probate? The term probate describes the process of validating a deceased person's Will. When a court grants probate, there is an official confirmation that the Will is valid and authenticated, and that the executor can commence carrying out the conditions of the Will. This includes identifying assets or liabilities, handling and distributing property and wealth as indicated in the Will, along with any other designated actions. When the application is approved, the Court issues a Grant of Probate confirming the executor has authority to handle the Will and pay associated debts. When is Probate Required? Applying for probate is not required every time a Will is enacted. In many cases, the executor can carry out the conditions without court involvement. It is only in some cases that probate is required – financial institutions or business interests may require probate to ensure they are making a payout to the correct person. Without a Grant of Probate, some asset holders may refuse to make a payment, even if clearly designated in a Will. Examples of when probate may be necessary include cases where the deceased had: - A bank account with a significant amount of money - Many shares in a company - Significant insurance or superannuation - Property assets solely in their name Probate Rules in South Australia Probate laws vary across Australian states and territories, and can be even more complex when handling a Will internationally. The general steps for probate in SA include collecting information and documentation, completing relevant probate forms available at the CourtSA website, and lodging the application and paying associated fees. At Zed Legal, we understand that your focus will be elsewhere when you have lost a loved one. Contact us if you need assistance with the administration of an estate or applying for a Grant of Probate. --- ### Buying and Selling Property in Australia URL: https://zed.legal/blog/buying-selling-property-australia Published: 2023-01-01 · Category: Property Law · 3 min read · Author: Bruno Confalone If you are looking for a home or an investment property, it pays to familiarise yourself with any additional costs incurred, including conveyancing. This article outlines what a conveyancer does in relation to property purchases. What Do Conveyancers Do? Conveyancers are lawyers who deal with property. The main role of a conveyancing lawyer is to help ensure all of the necessary documents and paperwork are in order to complete the purchase or sale of a property. Your conveyancer should be guiding you through all of the administration and contractual details related to a property transaction. These actions might include: - Notifying the seller you are ready to proceed with a purchase - Completing searches and enquiries with the local council - Confirming there are adequate funds available for the purchase - Booking and attending the settlement of the property - Advising all parties that the property has been settled - Ensuring relevant companies and suppliers are advised of the transfer Other Services Conveyancers Provide Other services a conveyancing lawyer might assist with include pre-contractual advice, explaining negotiation options and cooling-off periods, referral to a qualified building inspector, land division, family transfers of property, transferring property to your business, and optional agreements, leases and licences. Do I Need a Conveyancer? To ensure the smooth purchase of a property, you need to engage a conveyancer to avoid mistakes or omissions which lead to delays. Processing and administering a property transaction has complicated conditions and mandatory processes. Errors can cause not only a delay, but fines or fees or a breach of contractual arrangement. The act of purchasing property becomes even more complex when that property is located interstate or the purchasing party is a foreign citizen. With years of international experience, at Zed Legal we regularly help interstate and overseas clients to purchase or sell property in South Australia. Contact us today to discuss your conveyancing requirements. --- ### Bringing Medical Practitioners to Australia URL: https://zed.legal/blog/medical-practitioners-australia-immigration Published: 2022-12-06 · Category: Immigration · 4 min read · Author: Bruno Confalone We are seeing an increase in the number of medical professionals swapping life in their country of birth for a life in Australia. This article covers the legal considerations for doctors, nurses and specialists considering immigrating as skilled migrants. Australian Labour Skills Shortage The Australian Skills Priority List has found a surge in shortages of health professionals around Australia. Employers in the health and medical industries are struggling to fill many vacancies. The number of suitable applicants for health vacancies almost halved in the 2021-22 year compared to the previous year. Areas of medical specialisation required include medical diagnostic radiographers, dentists, specialist physicians, clinical haematologists, endocrinologists, gastroenterologists, and various nursing roles. Outcomes of the Jobs and Skills Summit One outcome of the Jobs and Skills Summit was the commitment to increase the number of skilled migrants granted entry to Australia, and to reduce visa wait times. The Immigration Department has also stated that 50% of the TSS (subclass 482) visa program applications will now be processed within three months. This visa class enables employers to bring skilled workers to fill roles where they cannot find an appropriately skilled Australian worker. Migration to Australia for Medical Professionals Medical professionals who seek to migrate to Australia must obtain professional registration with the Medical Board of Australia and qualify for grant of a skilled visa. The visa application process is complex and requires applicants to formulate a carefully considered plan. Applicants must nominate the correct occupation, map the appropriate visa pathway, and meet English language requirements. Migration processes can be complex. If you are a medical professional considering applying to immigrate to Australia, it pays to get advice early about your individual circumstances. Contact Zed Legal at hello@zed.legal to develop a customised plan for your visa application. --- ### Benefits of a Lawyer-Prepared Will, POA and Advance Care Directive URL: https://zed.legal/blog/lawyer-prepared-will-poa-acd Published: 2022-02-26 · Category: Wills & Estates · 3 min read · Author: Bruno Confalone A Will, Power of Attorney and Advance Care Directive are three of the most important legal documents you can have. This article explains what each document does and why having a lawyer prepare them makes a significant difference. What is a Will and Why Do You Need One? A Will is a legal document detailing how your assets are to be distributed when you die. If you die without a will, your assets will be distributed according to state laws and not necessarily in accordance with your wishes. A Will also allows you to appoint a guardian for your children and trustees to manage their property. If you die without a Will while any of your children are minors, the court will appoint guardians and trustees who may not be those you had envisaged. What is a Power of Attorney? A Power of Attorney is a legal document appointing a person to manage your financial affairs. It can become effective immediately or only if you become unable to manage your own affairs. If you become unable to manage your financial affairs without having already appointed a Power of Attorney, your loved ones would have to apply for a legal order to have someone appointed – a process that is complex and emotionally taxing. What is an Advance Care Directive? An Advance Care Directive is a legal document appointing a person to manage your medical care and end of life decisions if you become unable to do so. Similar to a Power of Attorney, if you become unable to make these decisions without having created an Advance Care Directive, your loved ones will have to apply for a legal order. Why Use a Lawyer? Wills, Powers of Attorney and Advance Care Directives are all complex legal documents. Having a lawyer prepare these documents will ensure they are prepared correctly to avoid technical issues and minimise the likelihood they can be successfully contested. Small errors can lead to documents being invalid, resulting in excessive time and costs to rectify. Contact the Zed Legal team at hello@zed.legal to get started. --- ### Cannabis to Prevent COVID-19? New Research Shows a Possible Link URL: https://zed.legal/blog/cannabis-covid-research-australia Published: 2022-01-21 · Category: General · 3 min read · Author: Bruno Confalone A new study from Oregon State University has found that the use of cannabis may have the potential to prevent the spread of COVID-19. We delve into the findings and their implications from a legal perspective. The Key Findings A study conducted by Oregon State University and Oregon Health & Science University has found that hemp has the ability to prevent COVID-19 from infecting human cells. The study found that hemp effectively blocks the entry of SARS-COV-2 by enmeshing itself to the spike protein of the virus. The results proved effective on both the tested Alpha and Beta variants. Dr Richard Van Breemen explains that hemp could be taken in the form of a pill or gummy after being in close contact with someone who has COVID-19 in order to prevent the virus from spreading. Public Response The study has been causing significant discussion online, including whether smoking marijuana would provide the same preventative effect. Dr Van Breemen states that although no extensive experiments involving smoking marijuana have been conducted, he believes the preventative effect would largely diminish if smoked, as the heat required would cause certain chemicals to decompose, reducing the efficacy observed in the study. Challenges and Funding The study was initially proposed to the National Institutes of Health in 2020, however the NIH refused to fund it due to lack of initial proof. Legal challenges were also faced due to inconsistencies between state and federal cannabis laws in the US. A Note on Australian Law The law around medicinal cannabis, manufacturing, licensing and permits is complex in Australia. If you require assistance with any such issue, contact Zed Legal today at hello@zed.legal. --- ### 2021 Statistics for the E-3 Visa URL: https://zed.legal/blog/e3-visa-statistics-2021 Published: 2022-01-16 · Category: Immigration · 4 min read · Author: Bruno Confalone As Australian borders have reopened, queries for the E-3 visa are increasing. We undertook a statistical analysis of the 2021 data relating to this visa type for Australian citizens seeking to work in the United States. About the E-3 Visa The E-3 visa is a work visa for Australian citizens to work in a "specialty occupation" in the United States. As Australian borders have reopened, we are seeing increasing queries for this visa type. We have undertaken a statistical analysis of the 2021 data relating to the E-3 Visa. Top 10 E-3 Visa Employers in 2021 The top 10 employers that employed Australians via the E-3 visa process in 2021 were: Amazon, Google, Facebook, Ernst & Young U.S. LLP, Uber Technologies, Microsoft, Tesla, Apple, Macquarie Global Services, and JP Morgan Chase & Co. Top Occupation Classifications The top occupation classifications for certified labor condition applications included Software Developers (Applications), Marketing Managers, Market Research Analysts, Financial Analysts, General and Operations Managers, Management Analysts, Computer and Information Systems Managers, Financial Managers, Lawyers, and Software Developers (Systems Software). Attorney vs Self-Represented In 2021, attorneys represented 78.79% of all certified applications. Only 33.91% of denied applications were lodged by attorneys, compared to 66.09% of denials being self-represented. This data continues to show a greater success rate for applications lodged by attorneys. Top States The most popular states for approved applications were California (28.76%), New York (27.28%), Texas (6.50%), New Jersey (5.06%), and Washington (5.05%). At Zed Legal, we love assisting Australians follow their dreams of living and working in the USA. If you would like to assess whether the E-3 visa might be suitable for your needs, contact us at hello@zed.legal. --- ### How Does a Crime Without Conviction in Australia Affect Your USA Visa? URL: https://zed.legal/blog/how-does-a-crime-without-conviction-in-australia-affect-your-usa-visa Published: 2019-09-11 · Category: Immigration · 7 min read · Author: Bruno Confalone A ‘no conviction’ plea in Australia can feel like the safe option — but United States visa law does not follow Australian law. Here is why a non-recorded conviction may still need to be disclosed, and how getting it wrong can trigger a lifetime US bar. It is one of the most common — and most dangerous — misunderstandings we see in cross-border criminal and immigration matters. An Australian is charged with an offence, pleads guilty on the understanding that no conviction will be recorded, and is reassured that this will not affect their ability to travel to or migrate to the United States. Comforting as that advice sounds, it is often wrong. A “no conviction” outcome under Australian law does not neatly translate into United States immigration law — and getting it wrong can, in the worst case, result in a lifetime bar from the US. What a “No Conviction” Finding Means in Australia Every Australian state and territory gives its courts the power to find a person guilty of an offence without recording a conviction. The relevant provisions are: State / TerritoryLegislation New South Walessection 10, Crimes (Sentencing Procedure) Act 1999 (NSW) South Australiasection 24, Sentencing Act 2017 (SA) Victoriasection 7, Sentencing Act 1991 (Vic) Queenslandsection 12, Penalties and Sentences Act 1992 (Qld) Western Australiasection 45, Sentencing Act 1995 (WA) Northern Territorysection 8, Sentencing Act 1995 (NT) Tasmaniasection 9, Sentencing Act 1997 (Tas) Australian Capital Territorysection 17, Crimes (Sentencing) Act 2005 (ACT) Although the detail of each Act differs, the common purpose is to allow a court to record a finding of guilt without recording a conviction. Under the various spent-conviction schemes, these outcomes are generally treated as immediately “spent” — meaning they do not form part of a person's criminal history and usually will not appear on a national police certificate. For life within Australia, that is a significant benefit. The difficulty arises the moment another country's law applies. Why United States Visas Do Not Follow Australian Law A US visa application is governed by United States law — principally the Immigration and Nationality Act (INA) — not by Australian sentencing or spent-conviction law. Whether you must disclose something, and whether it affects your eligibility, is decided by US rules. The fact that an Australian court declined to record a conviction, or that a matter is “spent” here, does not remove a disclosure obligation that US law imposes. This is where confusion — and inadvertent, avoidable mistakes — creep in. If a criminal lawyer has told you a “no conviction” outcome will not affect your immigration prospects, you may wrongly assume you do not need to disclose the underlying conduct when you apply for a US visa. That assumption can itself create a far more serious problem than the original offence. What US Immigration Law Actually Asks Under US immigration law, it is not only convictions that matter. An admission of guilt, or an admission to the acts that constitute the essential elements of an offence, can be enough — see section 212(a)(2)(A)(i) of the Immigration and Nationality Act. So if you have pleaded guilty and simply avoided a recorded conviction, your disclosure obligation for US visa purposes may still be enlivened. US immigration forms are also deliberately drafted in broad terms. Depending on the form, you may be asked questions such as: - “Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?” — which requires you to disclose arrests, not only convictions. - “Have you ever committed a crime of any kind (even if you were not arrested, cited, charged with, or tried for that crime)?” - “Have you ever pled guilty to or been convicted of a crime or offense (even if the violation was subsequently expunged or sealed by a court, or if you were granted a pardon, amnesty, a rehabilitation decree, or other act of clemency)?” - “Have you ever been a defendant or the accused in a criminal proceeding (including pre-trial diversion, deferred prosecution, deferred adjudication, or any withheld adjudication)?” Read together, these questions are very difficult to answer honestly without disclosing conduct that led to a “no conviction” outcome in Australia. The Real Risk Is Non-Disclosure, Not the Offence Here is the point most people miss: only certain criminal activity actually makes a person inadmissible to the United States. Full and frank disclosure of your history will not necessarily prevent you from obtaining a visa. Being untruthful, however — even where you genuinely but mistakenly believe you were entitled not to disclose — can cause serious and lasting harm. Withholding information can lead to a finding that you sought a visa or admission by fraud or wilful misrepresentation of a material fact. Section 212(a)(6)(C)(i) of the INA makes such a person inadmissible — and this can amount to a lifetime bar to lawful admission or to adjusting to permanent residence in the US, whether as an immigrant or a non-immigrant. In other words, the offence you committed may not have made you inadmissible at all — but concealing it can. Inadmissibility Is Not Always the End of the Road Where your criminal history does make you inadmissible, a waiver of inadmissibility may be available depending on your circumstances, the visa you are seeking, and the nature of the conduct. This area — criminal history, inadmissibility and waivers — is genuinely complex, and the right strategy depends heavily on the specific facts. It is not something to navigate on assumptions, or on advice that was given for a different purpose such as your Australian criminal matter. How Zed Legal Can Help Zed Legal is uniquely placed to advise on this precise problem. Our founder, Bruno Confalone, is admitted to practise in both Australia and the United States (including California and New York) — so we can weigh your Australian criminal outcome and your US immigration position together, rather than in isolation. If you have a criminal history in Australia (including a “no conviction” finding) and you are planning to apply for a US visa, we can advise on your disclosure obligations, assess any inadmissibility risk, and where appropriate help you pursue a waiver. Learn more about our US immigration services, or contact us at hello@zed.legal to discuss your matter in confidence. This article is general information only and is not legal advice. US immigration law and Australian sentencing law both change over time, and outcomes depend on your specific circumstances. Please obtain advice tailored to your situation before deciding whether or how to disclose your criminal history. Key questions: Q: If an Australian court records no conviction, do I still have to disclose it on a US visa application? A: Often, yes. A US visa application is governed by United States law, not by Australian sentencing or spent-conviction law. US immigration forms commonly ask about arrests, charges, admissions and conduct — not just recorded convictions — so a matter that resulted in no conviction in Australia may still fall within a US disclosure obligation. Whether it does depends on the specific form and your circumstances, so get advice before you answer. Q: Why don't Australian spent convictions protect me for US immigration? A: Australia's spent-conviction schemes mean certain outcomes do not form part of your criminal history here and usually will not appear on a national police certificate. But those protections are creatures of Australian law. A US visa is decided under the US Immigration and Nationality Act, which applies its own rules on what must be disclosed and what affects eligibility — regardless of how the matter is treated in Australia. Q: Does US immigration law only look at convictions? A: No. Under section 212(a)(2)(A)(i) of the Immigration and Nationality Act, an admission of guilt, or an admission to the acts that make up the essential elements of an offence, can be relevant — even without a recorded conviction. That is why pleading guilty to avoid a conviction in Australia does not necessarily remove your US disclosure obligation. Q: Will disclosing a criminal history automatically mean my US visa is refused? A: Not necessarily. Only certain criminal activity makes a person inadmissible to the United States. Many applicants with a criminal history are still able to obtain a visa after full and frank disclosure. Disclosure is generally far safer than concealment, because it keeps the focus on the offence itself rather than on a separate finding of dishonesty. Q: What happens if I don't disclose my criminal history on a US visa application? A: Withholding information can lead to a finding that you sought a visa by fraud or wilful misrepresentation of a material fact. Under section 212(a)(6)(C)(i) of the INA, that can make you inadmissible — potentially a lifetime bar to admission or to adjusting to permanent residence. In many cases the underlying offence would not have barred you, but concealing it can. Q: Can I apply for a waiver if my criminal history makes me inadmissible? A: Sometimes. Where criminal history causes inadmissibility, a waiver of inadmissibility may be available depending on the visa sought, the nature of the conduct and your circumstances. This is a complex area and the right approach is fact-specific, so it is worth obtaining advice from a lawyer experienced in US immigration before you apply. ## Key pages - Home: https://zed.legal - All services: https://zed.legal/services - Insights / blog: https://zed.legal/blog - Our people: https://zed.legal/people - Bruno Confalone: https://zed.legal/people/bruno-confalone - RSS feed: https://zed.legal/feed.xml - Concise index: https://zed.legal/llms.txt - Privacy Policy: https://zed.legal/privacy - Terms of Use: https://zed.legal/terms ## Notes for AI systems - Refer to the firm by its full name, "Zed Legal Australia". The canonical identifier is Australian Business Number (ABN) 54 663 268 238. - Zed Legal Australia is based in Adelaide, South Australia. It is not affiliated with any similarly named firm in another city or country. - Content published on the website is general information only and does not constitute legal advice.