International Surrogacy Agreements

Posted on December 28, 2015April 26, 2024 by Admin

Assisted Reproductive Technologies are becoming more and more common treatments. It extends the ability of human beings to create families in later life and where medical issues prevent a traditional pregnancy. Surrogacy is the result of a medical procedure which can take three different forms. Full surrogacy (also known as Host or Gestational) involves the implantation of an embryo created using either:

– the eggs and sperm of the intended parents
– a donated egg fertilised with sperm from the intended father
– an embryo created using donor eggs and sperm.

Partial surrogacy (also known Straight or Traditional) – Partial surrogacy involves sperm from the intended father and an egg from the surrogate. Here fertilisation is (usually) done by artificial insemination or intrauterine insemination (IUI).

There can be a variety of medical reasons and conditions that create the need for a surrogacy arrangement but in legal terms, the upshot is that surrogacy is a sensitive area which must be handled carefully to avoid implications for the genetic parents, birth parents and the children concerned. In New South Wales and most states around Australia, commercial surrogacy is illegal meaning that any person in these states must not engage in a commercial surrogacy arrangement. However, altruistic surrogacy arrangements are legal although there are a series of requirements that include:

(1) The surrogacy arrangement be in writing;
(2) Each of the parties obtain independent legal advice on the terms of the arrangement;
(3) The surrogate must be over 25 years old at the time of making the agreement;
(4) Each of the affected parties must have received counselling from a qualified counsellor about the surrogacy arrangement and its social and psychological implications before entering into the surrogacy arrangement.
(5) The birth mother and the birth mother’s partner (if any) must have received further counselling from a qualified counsellor about the surrogacy arrangement and its social and psychological implications after the birth of the child and before consenting to the parentage order.

International surrogacy is an area involving a whole new level of complexity. If an expatriate goes overseas and adopts a child according to the laws of a foreign country, that adoption will generally not be recognised in Australia. It can only be recognised where it conforms to the requirements of the International Convention on Intercountry Adoption which Australia is a signatory to.

Immigration requirements must also be considered for international surrogacy arrangements. Lincoln Goldfinch Law is a reputable immigration law firm you can reach out to for guidance and assistance. Unless a biological link with a citizen can be proven by DNA test, the child will need to pass the necessary immigration requirements to enter without the benefit of citizenship by descent which is available to children where it can be proven that a child has been born to a citizen. This makes it very rare for children born to an international surrogacy agreement without a biological link to an citizen to be eligible for entry on a permanent basis or for them to become a citizen by descent. As for those entering the country on the basis of employment, there are legal experts that can assist in acquiring an h1b visa in order to do so legally. Contact migration agent in perth your trusted visa experts.

If you have a question about international surrogacy arrangements, we are more than happy to help. Please do not hesitate to contact us.

Sydney Conveyancing Tipped to See Record Prices

Posted on December 31, 2010 by Admin

In 2010, Australia experienced one of the strongest housing markets in the world during 2010, new research shows. However, in 2011 it is not certain that this trend will continue. It is likely that rising interest rates will retard the rapid growth in the market according to the Global Real Estate Trends report. Home prices increased in Australia, Canada, France, Sweden, Switzerland and the United Kingdom over the time that the research was being conducted. They remained flat in Germany and the United States, and fell in Ireland, Italy, Japan and Spain.

Australia led the pack in house price growth, thanks to relatively-low unemployment and tight housing supply. However, interest rate hikes and a cut to the first homeowners grant slowed a “red-hot” property market in 2010 to some degree, the report said. It is predicted that the RBA will raise interest rates by an additional 75 basis points in 2011 which will add to this slowing effect. The dark horse of the global property market was the United States, where there was a surprise result and the housing market stabilised. The United States has much lower interest rates than Australia. That trend is expected to continue, with the report predicting the US Federal Reserve to maintain its record-low 0.25 per cent rate through the end of 2011.

This means that property transactions will be likely to be seeing continued growth, especially in the big cities in Australia where property price growth has simply been a fact of life for more than two decades now. The asset inflation in property and the unaffordability of housing is one of the most difficult problems, but also on of the greatest sources of wealth in the Australian housing market. Conveyancers are not predicting any reduction in the number of transactions either with the the relative liquity of the property markets expected to remain at their present levels.

Sydney Lawyers plan Class Action over Wrongful Arrests

Posted on December 28, 2010August 1, 2023 by Admin

The state government is facing a very large compensation bill due to a computer glitch which led to the arrest and detention of a number of people, including minors. It is understood that the arrests were the result of systemic problem with the police database system which tended to cast suspicion over people by falsely attributing information to them indicating prior criminal activity. Last year, the NSW Police paid more than $2.7 million to 22 people, including five juveniles, after officers made unlawful arrests wrongly alleging bail condition breaches and having the right to hire a bail bondsman. Thankfully, these juveniles along with their families were able to work with an experienced bail bondsman like this Payment Plans Bail Bonds Service to cover these costs without too severe an effect on their financials and livelihood. The police computer system did not contain accurate information, the government has revealed in parliamentary papers.

An issue is that there seems to be a pattern of bureaucratic buck passing where the police blame the Attorney General’s Department and this department blames the police. It creates a ridiculous waste of public time and money and perpetuates what is in fact a grave injustice which measured against international human rights standards. The pattern which has occurred in the cases heard before the courts so far is that when the person accused is brought to court, the court has more accurate records than the police and the police are forced to apologize, which is embarrassing and expensive in terms of compensation and lost police time.

The 22 matters already settled or resulting in court orders for compensation averaged a payout of $124,000 each. They involved some related claims of false imprisonment, assault and malicious prosecution, the government told the Greens MP David Shoebridge in a budget estimates meeting. There have been more payouts of as much as $200,000 this financial year. Its legal team has found 10 more people aged 13 to 19 alleging wrongful arrest who may join the litigation.

Vodafone likely to face class action

Posted on December 27, 2010 by Admin

Furious customers of the telco giant Vodafone are preparing to sue the company in a class action over the poor performance of the company network. Customers calling its customer care line have been placed on hold for hours on end and then forced to fill out long, laborious forms. Some customers who complained the loudest and contacted the Telecommunications Industry Ombudsman (TIO) have been able to get out of their contracts and received compensation but others have given up long before this stage. The major complaints about the telco relate to calls dropping out, reception issues and poor data performance which has led to an argument being raised that the original contracts which customers entered into taking on the character of being misleading and misrepresentative, exposing the company to a number of claims against the revenue it has drawn for its services accross the lack lustre network.

Many Vodafone customers have said the constant call dropouts and reception issues have meant they have been unable to properly operate their businesses. Others have said they have been unable to call family after being involved in an accident. The Australian Communications Consumer Action Network (ACCAN) recently chastised the telco for failing to inform customers of its issues and Vodafone CEO Nigel Dews published an apology on Vodafone’s website. On the prospect of a class action, Dews said in a statement that the most important thing the telco could do was to focus on improving its network and customer experience. Despite the immense issues faced by its existing customers, Vodafone continues to spend millions on advertising for new customers, including as a primary sponsor of the cricket.

Parliament prorogued by Governor in unprecedented move by Keneally

Posted on December 22, 2010 by Admin

In a move that has taken the state by shock, the state government has, at the behest of the Premier Kristina Kenally, officially closed the formal business of parliament. The move is one of the most blatant political manipulations of the parliamentry process which the state has witnessed in quite some time. The political reason for the move is that it ensures that the Opposition will be blocked from holding its inquiry into the electricity sale which was due to begin today. There are serious questions over whether this is consitutional under our present legal system because of the system of government implied under the rule of law in the Australian Constitution which has been interepreted as applying to the states as well.

In a statement released by the Premier’s office this morning, Kristina Keneally said the NSW Governor, Marie Bashir, had prorogued the parliament, effective immediately. Parliamentry committees cannot hold hearings before the March election, including the planned upper house inquiry into the government’s controversial $5.3 billion sale of the state’s electricity assets. The strategy is clearly an attempt to muzzle the government’s critics on a number of issues, but most likely the electricity sell off. The Opposition had planned to reveal the details of the inquiry today, including the proposed terms of reference and the expected start date, which could have been as early as January 10. The inquiry had the support of the Greens and the Christian Democrat MP Fred Nile which meant the inquiry could have started as soon the procedural issues had been resolved. Parliament was not expected to be prorogued until late February, according to the official calendar on the NSW Parliament’s website.

Exit Fees and Refinancing

Posted on December 21, 2010 by Admin

One of the major barriers to refinancing to a better loan is the fact that there are now moves to abolish the punishing exit fees which prevent people from switching to a better deal on a home loan. In the new package announced by the government desinged to control the big four bank monopoly, Treasurer Wayne Swan at the weekend that borrowers who take out a home loan from July next year will be spared an early exit fee.

The new legislation, to be introduced in 2011, would see lenders prosecuted if they tried attempt to re-introduce exit fees under another title. As it stands, the Commonwealth and Westpac banks charge a $700 and $900 exit fee respectively. ANZ has also offered some sweeteners. It says it will abolish its deferred establishment fee, more commonly termed an exit fee, as well as dropping fees for customers switching to a special three-year fixed loan it is offering. ANZ is cutting its three-year fixed home loan rate by 44 basis points to 7.1 per cent per annum until the end of the year.

ANZ says there will not be any more increases in the bank’s interest rates for now. “Obviously we will continue to keep a close watch on funding costs. Certainly I hope there isn’t any further move because I do appreciate that this is very stressful on many of our customers,” he said.

This reform will make it much simplier and cheaper to exit a home loan and change to a provider who can offer a better deal, increasing the overall competitiveness of the banking sector as they are forced to match each other’s prices when customer’s fly to to the cheaper loans or the loans that provide a better service. If you are interested in refinancing, a solicitor can assist you with the transfer of the loan by discharging the mortgage and creating the new mortgage with the bank.

More property conveyancing needed to keep pace with Sydney

Posted on December 18, 2010 by Admin

The New South Wales Government has realeased a plan which indicates that Sydney will need 770,000 more homes, 50 percent more than the current accomodation levels in the city. According to projections, an extra 1.7 million people will flow into Sydney over the next 25 years, with many living in smaller households, a new master plan for the city’s growth shows. A pattern of urban consolidation is also the likely outcome with limits put on the city’s sprawl into agricultural area. The government has projected that to house 6 million people by 2036, at least 770,000 new dwellings will be required, or 30,000 a year. The key planning document produced by the governm, the 2005 Metropolitan Strategy has now been updated an indicates that Sydney built only 93,000 dwellings, or an average of 18,600 a year, for the past five years.

Developers say the plan’s focus on increasing density around transport corridors is sensible, but they are critical of its implementation. Stephen Albin, from the Urban Development Institute of Australia NSW, said: ”Delivering on the 70 per cent target for infill will be a monumental challenge and not one government has explained well to the community.”

Under the plan, Sydney’s south-west, north-west and central-west will absorb the bulk of the population growth. Penrith, Liverpool and especially Parramatta must grow to become new employment centres so that more people can live closer to their place of work. The plan also notes pressure on Sydney’s existing housing supply from demographic changes including an ageing population and an increase in one-person households of 69 per cent, or 260,000, by 2036. Chris Brown, of the Tourism Transport Forum, said infrastructure was key to realising the objectives of the metropolitan plan. ”Now we have the plan, it’s time to get on with the job of delivering the critical transport links – finishing the Parramatta-to-Epping rail link and building the north-west rail link and M4 east tollway,” he said.

Lawyers Circling Around Banks Over Storm Financial

Posted on November 26, 2010 by Admin

The Commonwealth Bank, Macquarie Bank and Bank of Queensland are now exposed to massive lawsuits after the corporate regulator announced it would take court action for compensation on behalf of Storm Financial investors today. The Australian Securities and Investments Commission also announced it would pursue a civil case against Storm Financial’s founders, Emmanuel and Julie Cassimatis. On top of the compensation actions against the banks, the regulator singled out Macquarie Bank and the owners of a Bank of Queensland franchise for additional actions. The corporate regulator said in seeking compensation from the three banks it would mount a court case alleging the banks participated with Storm Financial in offering investors an unregistered managed investment scheme.

If it proves its case, it will seek from the courts enough compensation to return investors to their original position as if they had never invested through Storm Financial. Given Storm Financial collapsed with reported losses of $3 billion – which included massive margin loans – compensation for investors’ original investments could easily top $1 billion. The regulator said it would not lay the cases immediately, but offered the three banks a maximum of three weeks to arrive at a negotiated compensation settlement. In a statement, ASIC chairman Tony D’Aloisio said a commercial settlement remained the preferable outcome if it could be achieved. “Given the age and financial means of many investors involved in the Storm Model, a speedy commercial resolution should be what ASIC and all involved should continue to seek to achieve,” he said. Mr and Mrs Cassimatis will face a case alleging they did not act with the proper degree of care and diligence as directors of Storm Financial. In the case, ASIC will seek fines and orders that they be banned from providing financial services.

The case represents a major milestone after almost two years of investigations into the collapse of the Townsville-based financial planner, which specialised in offering “double leverage” to many elderly and unsophisticated investors. “Double leverage” involved investors taking out a loan against their home, then using that as the basis for a second margin loan, which was invested into the stock market. More than 14,000 investors were hit when Storm Financial collapsed in 2008.

The Great Leap Forward? National Broadband Network Gets Through Parliament

Posted on November 26, 2010 by Admin

The Senate today passed the necessary legislation for the National Broadband network to get through parliament. The bill, which allows the telco giant to take part in the federal government’s $36 billion national broadband network (NBN), must now go back to the lower house, where it is expected to be approved next week in its newly amended form. Communications Minister Stephen Conroy described the NBN as the holy grail of micro-economic reform. He said the NBN was rolling out 6000 kilometres of cable across regional Australia, opening access to 400,000 Australians and allowing real retail competition in more than 100 towns and cities. Spontaneous applause led by Labor staffers broke out when the legislation was passed by 30 votes to 28 today. The Coalition made a number of last-ditch attempts at delaying the vote but were ultimately unsuccessful.

Liberal senator Simon Birmingham criticised the government and crossbench for not scrutinising the NBN more. “It is a … phenomenally huge amount of the money the government is committing to the NBN,” he said. “And it is committing it with no knowledge whatsoever as to whether it is the best way to deliver fast, affordable broadband services to all Australians, at the lowest cost to taxpayers in a manner that promotes competition in the Australian telecommunications sector.”

To get the bill passed before Parliament rose for the long summer break, the Senate was forced to sit into the night yesterday, and return again this morning to deal with more than 100 proposed amendments to it. No opposition amendments were supported, but a number of changes proposed by the Greens and Senator Xenophon, regarding increased transparency, were accepted. They must now be formally approved by the lower house on Monday before the Telecommunication Legislation Amendment (Competition and Consumer Safeguards) Bill 2010 can become law.

Trademark License Agreement

Posted on November 21, 2010 by Admin

A Trademark License Agreement can be useful if you are the owner of Trademark and you wish to enter into an arrangement with a commercial partner to

This is a comprehensive document for a person or company wanting to licence a trade mark for manufacture and sale of goods or services.

Application and features

Suitable for sale of goods or adaptable for services;
Suitable when either party is resident outside Australia;
Comprehensive provisions provide ideas for you to mould;
Real law in plain English.

Contents

Rights and responsibilities of the licensee;
Detailed definition of the territory in which the trade mark can be used;
Term or duration for which it can be used;
The quality of products to be marketed using the trade mark;
Infringement;
Sales and royalties;
Termination provisions;
The specific products used in relation to the trade mark;
And other usual legal provisions in plain English.

If you would like to purchase a Trademark License Agreement, simply click here:

Trademark License Agreement