Do you need a trusted lawyer to help with your visa, migration or citizenship matter? Justice Migration and Legal provides professional immigration legal and assistance services. We also work with the NFP legal and humanitarian sector to deliver social justice outcomes.
The Justice Migration and Legal team specialises in a range of visa categories, including:
- visitor and working holiday visas
- student and training visas
- family, parent and partner visas
- working and skilled visas
- refugee and humanitarian visas
- other special category visas
We offer an initial flat-fee consultation with preliminary advice recommending an approach taillored to your circumstances.
Dr Daniel Ghezelbash and Rebekah Stevens have worked together for several years to help people with complex visa and migration issues. Daniel and Rebekah also spend many hours partnering with the not-for-profit legal sector to assist clients and provide help where it is most needed.
Daniel and Rebekah are both practising solicitors and have over 25 years combined experience in government policy and legal academia. Add a track record dealing with difficult and complex immigration matters, and you can be confident that Justice Migration and Legal has the experience you need.
The Justice Migration and Legal team have been Registered Migration Agents with the Office of the Migration Agents Registration Authority (OMARA).
Daniel Ghezelbash: MARN #1387560 (former)
Rebekah Stevens: MARN #1807258
We are committed to upholding the OMARA Code of Conduct.
The Justice Migration and Legal team is here to help. Please contact us via this form and we will be in touch shortly.
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General Terms of Business
General Terms of Business
Updated 24 February 2022
1 Acceptance of Offer
You may accept the Costs Disclosure and Costs Agreement by:
(a) Writing to us indicating your acceptance;
(b) Returning a copy of the relevant signed document;
(c) Confirming your acceptance on one of our online platforms; or
(d) Continuing to give us instructions in this matter.
Our preferred method is for you to sign the Agreement and return it to us. In any case we require a signed copy of the relevant authorities in order to properly carry out our duties to act for you.
2 Billing Arrangements
Our usual policy is to issue an invoice on a monthly basis. We may issue invoices on a more frequent basis depending on the nature of the work. We may send an invoice less frequently if the amount of the bill is minimal.
All invoices are due and payable 30 days from the date of the invoice. You consent to us sending our invoices to you electronically at your usual email address or mobile phone number as specified by you.
3 Payment Methods
It is our policy that, when acting for clients, we do one or more of the following:
(a) approve credit; and/or
(b) ask the client to pay monies into our trust account.
Unless otherwise agreed with you, we may determine not to incur fees or expenses in excess of the amount that we hold in trust on your behalf or for which credit is approved.
4 Interest Charges
Interest at the maximum rate prescribed in Rule 75 of the Legal Profession Uniform General Rules 2015 (“Uniform General Rules”) (being the Cash Rate Target set by the Reserve Bank of Australia plus 2%) will be charged on any amounts unpaid after the expiry of 30 days after an invoice is given to you. Our invoices will specify the interest rate to be charged.
5 Recovery of Costs
The Legal Profession Uniform Law (NSW) (“the Uniform Law”) provides that we cannot take action for recovery of legal costs until 30 days after an invoice (which complies with the Uniform Law) has been given to you.
6 Limitation of liability
Justice Migration and Legal participates in the Law Society of NSW Limitation of Liability Scheme. Under this scheme, the firm’s liability is limited by a scheme approved under the Professional Standards Legislation.
7 Our obligations as solicitors
As solicitors we have obligations to the Court and to our colleagues in addition to our obligations to you as our client. We cannot engage in behaviour that prevents us from discharging those obligations.
8 Your obligations
We rely on the information that you provide us to accurately draft our documentation and provide advice. If the information you provide is incorrect, the services we provide may also be incorrect. We ask that you keep us informed of any changes to your instructions and provide us with all relevant documentation. We further ask that all instructions be in writing.
You agree to:
(a) provide full and honest instructions relevant to your matter and any material change in your circumstances that might impact on your matter while we continue to act for you;
(b) co-operate in the matter and do all that we reasonably request of you in a timely manner;
(c) accept and follow our reasonable legal advice; and
(d) provide funds in advance in accordance with this Agreement or some later arrangement.
If you fail to comply with any of these conditions, we have the option to terminate this Agreement by advising you of termination in writing.
9 Your Rights
It is your right to:
(a) negotiate a costs agreement with us;
(b) negotiate the method of billing (eg task based or time based);
(c) receive a bill and to request and receive an itemised bill within 30 days after a lump sum bill or partially itemised bill is payable;
(d) seek the assistance of the designated local regulatory authority (the NSW Commissioner) in the event of a dispute about legal costs;
(e) be notified as soon as is reasonably practicable of any significant change to any matter affecting costs;
(f) accept or reject any offer we make for an interstate costs law to apply to your matter; and
(g) notify us that you require an interstate costs law to apply to your matter.
If you request an itemised bill and the total amount of the legal costs specified in it exceeds the amount previously specified in the lump sum bill for the same matter, the additional costs may be recovered by us only if:
(a) when the lump sum bill is given, we inform you in writing that the total amount of the legal costs specified in any itemised bill may be higher than the amount specified in the lump sum bill, and
(b) the costs are determined to be payable after a costs assessment or after a binding determination under section 292 of the Uniform Law.
Nothing in these terms affects your rights under the Australian Consumer Law.
10 Your Rights in relation to a Dispute concerning Costs
If you have a dispute in relation to any aspect of our legal costs you have the following avenues of redress:
(a) in the first instance we encourage you to discuss your concerns with us so that any issue can be identified and we can have the opportunity of resolving the matter promptly and without it adversely impacting on our business relationship;
(b) you may apply to the Manager, Costs Assessment located at the Supreme Court of NSW for an assessment of our costs. This application must be made within 12 months after the bill was provided or request for payment made or after the costs were paid.
11 Authorisation to Transfer Money from Trust Account
You authorise us to receive directly into our trust account any judgment or settlement amount, or money received from any source in furtherance of your work, and to pay our professional fees, internal expenses and disbursements in accordance with the provisions of Rule 42 of the Uniform General Rules. A trust statement will be forwarded to you upon completion of the matter.
12 Retention of Your Documents
On completion of your work, or following termination (by either party) of our services, we will retain your documents for 7 years. Your agreement to these terms constitutes your authority for us to destroy the file after those 7 years. The authority does not relate to any documents which are deposited in safe custody which will, subject to agreement, be retained on your behalf indefinitely.
We are entitled to retain your documents while there is money owing to us for our costs. You will be liable for the cost of storing and retrieving documents in storage and our professional fees in connection with this.
13 Termination by Us
We may cease to act for you or refuse to perform further work, including:
(a) while any of our invoices remain unpaid;
(b) if you do not within 7 days comply with any request to pay an amount in respect of disbursements or future costs;
(c) if you fail to provide us with clear and timely instructions to enable us to advance your matter;
(d) if you refuse to accept our advice;
(e) if you indicate to us or we form the view that you have lost confidence in us;
(f) if there are any ethical grounds which we consider require us to cease acting for you, for example a conflict of interest;
(g) for any other reason outside our control which has the effect of compromising our ability to perform the work required within the required timeframe; or
(h) if in our sole discretion we consider it is no longer appropriate to act for you; or
(i) for just cause.
We will give you reasonable written notice of termination of our services. You will be required to pay our costs incurred up to the date of termination.
14 Termination by You
You may terminate our services by written notice at any time. However, if you do so you will be required to pay our costs incurred up to the date of termination (including if the matter is litigious, any cancellation fees or other fees such as hearing allocation fees for which we remain responsible).
Without affecting any lien to which we are otherwise entitled at law over funds, papers and other property of yours:
(a) we shall be entitled to retain by way of lien any funds, property or papers of yours, which are from time to time in our possession or control, until all costs, disbursements, interest and other moneys due to the firm have been paid; and
(b) our lien will continue notwithstanding that we cease to act for you.
We will collect personal information from you in the course of providing our legal services. We may also obtain personal information from third party searches, other investigations and, sometimes, from adverse parties.
We are required to collect the full name and address of our clients by Rule 93 of the Uniform General Rules. Accurate name and address information must also be collected in order to comply with the trust account record keeping requirements of Rule 47 of the Uniform General Rules and to comply with our duty to the courts.
Your personal information will only be used for the purposes for which it is collected or in accordance with the Privacy Act 1988 (Cth). For example, we may use your personal information to provide advice and recommendations that take into account your personal circumstances.
If you do not provide us with the full name and address information required by law we cannot act for you. If you do not provide us with the other personal information that we request our advice may be wrong for you or misleading.
Depending on the nature of your matter the types of bodies to whom we may disclose your personal information include the courts, the other party or parties to litigation, experts and barristers, the Office of State Revenue, PEXA Limited, the Land and Property Information Division of the Department of Lands, the Registrar General and third parties involved in the completion or processing of a transaction.
We do not disclose your information overseas unless your instructions involve dealing with parties located overseas. If your matter involves parties overseas we may disclose select personal information to overseas recipients associated with that matter in order to carry out your instructions.
17 Sending Material Electronically
We are able to send and receive documents electronically. However, as such transmission is not secure it may be copied, recorded, read or interfered with by third parties while in transit. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document, for any delay or non-delivery of any document and for any damage caused to your system or any files in connection with an electronic transmission.
18 Disclosure of Interests
To assist our clients, we have strategic alliances with a number of related service firms and organisations, including:
(a) The Migration Translators
We disclose that these bodies may pay a commission or referral fee in some instances.
In addition, in some instances (by prior arrangement) we may pay a referral fee to agents that introduce clients to our practice.
You have the right to refuse any such referral.
Justice Migration Pty Ltd is not currently registered for GST. This means that GST is not payable on our professional fees and expenses. We will give you reasonable written notice if GST is to become payable on future fees.
20 Governing Law
The law of New South Wales governs these terms and legal costs in relation to any matter upon which we are instructed to act.
Authority to Access VEVO Database
We will need to access the Department of Home Affairs’ (the ‘DOHA’s) VEVO website system from time to time throughout our engagement period to confirm your current visa status and advise you accordingly regarding your visa matter. We are required by the DOHA to seek your written permission to access the VEVO website so that you can make an informed decision about whether to allow us access to your personal information. We cannot use the VEVO website to make enquiries on your behalf without written consent.
We will only use the VEVO website for the following purposes:
(a) Checking your visa status to assess your continued eligibility for a particular visa;
(b) Determining relevant visa grant numbers for preparing the requested visa applications;
(c) Providing VEVO check copies to relevant authorities as requested by them;
(d) Determining visa conditions, such as work/study permissions, and advising you accordingly and as instructed; and
(e) Obtaining information about the conditions as listed in the section, ‘Visa Details and Conditions on Your VEVO Check’.
Please see the following section, ‘Visa Details and Conditions on Your VEVO Check’, to understand what personal information a VEVO check will contain. On request, we will provide you with a copy of the individual VEVO checks for your records.
Please note that if you are not entitled to be in Australia, the Commonwealth, including the DOHA and other government agencies, may use the information described in the VEVO check and website technical data to locate you. Justice Migration Pty Ltd is not responsible for any actions the Commonwealth may take in this regard. For further information, please refer to the DOHA’s Terms and Conditions of VEVO use.
You may withdraw your consent for us to perform VEVO checks on your behalf at any time by giving notice to us in writing, including from the email address we have on record for you.
By checking the confirmation that you have read and understood this document, you confirm that you have read and understood:
(a) the purpose of the inquiries;
(b) the information to be obtained;
(c) that it may be necessary for Justice Migration Pty Ltd to access the VEVO system on multiple occasions, as and when required, from the initial migration enquiry until the visa matter is finalised;
(d) that if you am not entitled to be in Australia, the Commonwealth, including the DOHA and other government agencies, may use the information described in the VEVO check and website technical data to locate you, and that Justice Migration Pty Ltd is not responsible for any actions the Commonwealth may take in this regard;
(e) You have been given the opportunity to read this information in full and in your own time;
(f) You have been offered the opportunity to have any matters contained within explained or clarified; and
(g) You understand that you may withdraw your consent for Justice Migration Pty Ltd to perform VEVO checks on your behalf at any time by giving notice to Justice Migration Pty Ltd in writing.
|Visa details in VEVO||What it means|
|Current date and time||Details of the time and date VEVO was checked.|
|Name||This shows your name as recorded in the DOHA’s systems.|
|Document/Immicard number||The travel document number that was used to make the VEVO query.|
|Visa class and subclass||Details of the visa you have been granted.|
|Visa streams or Education sector||The stream associated to the visa class and subclass of your visa. For example, Visitor Visa Tourist stream, Student Non-Award Sector.|
|Visa description||Advises the type of visa granted, for example, Student, Visitor or Resident Return.|
|Visa applicant||Shows if you are the main (primary) visa applicant or a family member (secondary) applicant.|
|Visa grant date||The date the DOHA made a decision to give you a visa.|
|Visa expiry date||For temporary visa holders only. If you are: • outside Australia, this is the date your visa ends • in Australia, this is the date the period of stay ends on your visa and you must leave Australia before midnight (Canberra, Australia time) on this date.|
|Visa status||The status of your visa. • ‘In effect’ means that your visa has started, but it will not be activated until you enter Australia. • ‘Temporarily ceased’ means your ‘Longer Validity’ Visitor visa has temporarily ceased.|
|Visa grant number||The number that identifies your visa.|
|Entries allowed||A visa might be granted for a single entry or multiple entries within a specified period. • Single entry: you can only enter Australia once. • Multiple entry: you can travel to and from Australia as many times as you want while your visa is valid, but the total time you spend in Australia cannot be more than the period of stay that you have been granted.|
|Must enter before date||If you applied for your visa while outside Australia and your visa allows multiple entries into Australia, this is the date by which you must make your first entry.|
|Must not arrive after date||You must enter Australia before this date. As long as you enter Australia before this date you are allowed to be in Australia for the stay period listed for your visa. For temporary visa holders, this is generally the date your visa ends. For permanent residents (including resident return visa holders), this is the date the travel facility of your visa ends. That means if you depart Australia after this date you will require a Resident Return Visa (subclass 155 or 157) to re-enter Australia. Departing Australia without a resident return visa can impact your permanent residency requirements for citizenship.|
|Period of stay||Tells you how long you are allowed to stay in Australia on your visa.|
|Location||Whether you are inside or outside Australia when the VEVO check is performed.|
|Work entitlements||This will let you know whether you are allowed to work in Australia while holding the visa.|
|Workplace rights||Information to assist you to understand your Australian workplace rights and protections.|
|Study entitlements||This will let you know whether you are able to undertake a course of study on your current visa.|
|Visa conditions||For temporary visa holders only. Tells you what you can and cannot do while in Australia on your visa.|
Thank you for your payment
Thank you for your payment into the Justice Migration and Legal Trust Account. A receipt will be emailed to you shortly.
All money deposited into our Trust Account will be held and dealt with in accordance with the Legal Profession Uniform Law (NSW).
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