Australian Immigration Law

Tyndall & Co. provides experienced worldwide immigration assistance and advice with all types of Australian visa subclasses. This includes preparation and lodgement of visas, both onshore and offshore; and visa reviews and appeals for adverse decisions, including representation and submissions as to character issues with previous criminal convictions and a criminal record.

Being an experienced lawyer provides the client with added advantages over and above a normal migration agent who is not a lawyer. For example, client files and information can be protected by “legal professional privilege” (LPP) in certain cases, which means that the lawyer cannot be compelled to release confidential client information such as client contact details, confidential communications, documents or advice. Our principal Solicitor, Jonathan, is a Registered Foreign Lawyer in England and Wales and as such has LPP which he extends to clients.

Here are some of the Australian Visa Subclasses and work we undertake as follows:

Wills & Estates

The London office assists both UK, European and Australian clients. You may already have business, property or family interests in Australia, UK or Europe. You may have a Will or an Estate involving property either in Australia, the UK or Europe.

We can apply to have a Will from the UK “resealed” in a State in Australia. Or we can prepare an Australian Will with a testamentary trust, advise on Estate planning, prepare   an Enduring Power of Attorney and an Enduring Guardianship. You may wish to be more lawfully tax and cost effective.

You may require Estate planning to help make Succession easier and manage the handover to the next generation smoother. Our Australian firm can be your Executors. Or we can advise the chosen Executors after the handover and stay with the Will, to help the Executors administer sometimes complex estates.

We can have discussions with recalcitrant children, speak with them on a regular basis and find out what they want and report back to you. We can talk to the kids! We can talk with beneficiaries every year and update the Will with your instructions. We can talk with the kids About your will. Let us take the guesswork out of it.

The plan is to avoid wasting the Estate on lawyers and expensive legal cases. These might have been avoided by open communication with children, especially estranged kids, and beneficiaries early on. We seek to minimise surprises come will reading day and help you stay out of litigation! A good estate should not be wasted on the lawyers!

Family Law

In Australian property adjustment cases, there is no presumption of equality. It is different to the United Kingdon. The 50:50 split is not a principle of law or a right. The wife’s homemaker and parent contribution ought to be recognised in a substantial and not a token way. Any property adjustment will be contribution driven. With children’s and parenting time cases, there is a presumption of equal shared parenting responsibility, however, the best interests of a child will always be first and paramount and rebut that presumption. Clients may want a divorce in Australia and a fairer property adjustment, based on contributions.

Criminal Law

There is a fundamental principle that all defendants are innocent until proven guilty, that they have the right to a fair trial and to not self-incriminate. Defendants have the right to confidential and privileged legal advice, which cannot be used against them. These are common law principles and rights. It is not up to us as lawyers to judge you, this is for the Court. It is for us to help without bias or judgment, and to fight fearlessly for the client within the law to present the best case possible to the Court.

Business Law – Banking, Securities, Derivatives law

You may want to buy property or set up a business in Australia and start a branch.  You may want to establish a family trust in Australia, a Self-Managed Superannuation Fund (SMSF) or set up or transfer a pension in Australia. You may want to migrate to Australia for a more abundant and healthier lifestyle using your buying power which goes a lot further in Australia. You want to become dual citizens including of Australia or become resident offshore. You may want to repatriate back to Australia.

Clients from Australia may wish to invest in the UK and require local help in London to bring their businesses, ideas, products and capital to the United Kingdom. They may wish to list on the London Stock Exchange (LSE, AIM) or other European stock exchange or derivatives markets. They may require advice on taxation, domicile and residence status in the Uk and Europe.

In addition, if we need local talent, Tyndall & Co. works with locally licensed UK professionals (solicitors, accountants, bankers, trustees, brokers and estate agents) to assist clients access a full range of services in accordance with the law.

We prepare contracts and agreements for business clients including purchase, sale and contractor agreements, company and employment contracts and shareholder agreements. We advise clients on commercial matters including banking and investments. A bank owes the customer a duty of care, which is to take reasonable care in carrying out its contractual obligations with the customer. A bank does not owe a fiduciary duty to a customer, except in special circumstances where it has gone further than normal. A bank has no general duty to advise a customer that a loan or a purchase is not a good decision. A bank can look after its own interests ahead of the customer. The playing field is not necessarily level.