19th November 2017
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Terms & Conditions

Terms & Conditions

Terms and conditions for all users

The www.hwimmigrationlawyers.com website (this Website) is owned by Haag Walker Lawyers (HWL).

Your access to this Website as well as any services HWL provides to you are subject to these Terms and Conditions, our Costs Agreement & Disclosure Statement (if applicable), Privacy Statement, notices, disclaimers, any other terms and conditions or other statements contained on this website, (referred to collectively as Terms of Use).

By accessing, viewing or otherwise using this website and the materials contained herein, you acknowledge that you have read, understand, accept and agree to be bound by these Terms and Conditions.

HWL, at its sole discretion, may vary or modify these Terms and Conditions without notice. Any subsequent access to, or use by you of the website will constitute acceptance of those modifications.

Disclaimers

All information contained on this Website is given in good faith and has been derived from sources believed to be accurate.  However, the information is selective and may not be complete or accurate for your purposes. HWL makes no representation or warranty of any kind as to the accuracy or completeness of the information contained on or accessed through this Website, and makes no representation about its suitability for any particular purpose. It is general information only and should not be considered as a comprehensive statement on any matter and / or legal advice and should not be relied upon as such. HWL recommends that you seek independent advice before acting on any information in this Website.

HWL does not guarantee the security of this Website, give any warranty of reliability or accuracy nor accepts any responsibility arising in any other way including by reason of negligence for, errors in, or omissions from, the information on this website and does not accept any liability for any loss or damage, however caused, as a result of any person using and / or relying on any information on this Website or being unable to access this Website.

In preparing the information in this Website, HWL have not taken into account your objectives, situation or needs.

Before acting on any advice on this Website, HWL recommends that you consider whether it is appropriate for your circumstances.

Should you leave this website via a link contained within this Website, and view any content that is not provided by HWL:

(a) you do so at your own risk. The content to which you link will not have been produced, checked for accuracy, or otherwise reviewed by HWL. HWL is not responsible for damages or losses caused by any delays, defects or omissions that may exist in the services information or other content provided in such site, whether actual alleged, consequential or otherwise. HWL makes no guarantee or representation as to, and shall have no liability for, any electronic content delivered by any third party;

(b) links to other websites are provided for convenience only and do not represent any endorsement by HWL of the products or services offered by the website owner;

Website material does not constitute legal advice

The material on this website has been produced by HWL and has been prepared as general information. It is not intended to provide legal advice and, as such, the content does not constitute legal advice. Use of this Website does not create any solicitor-client relationship between the user and HWL.

Copyright

The contents of this Website (the Materials) may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in whole or part for any purpose other than individual viewing of the Website without the express prior permission of HWL. Unless otherwise indicated, copyright of the Materials is owned by HWL. Modification of the Materials or use of the Materials for any purpose will constitute a violation of the copyrights and other rights of HWL.

Any external site images used on this site are used with the permission of the managers of those sites.

Apart from any use as permitted under the Copyright Act 1968, all other rights are reserved.

Note: The copyright in the materials appearing at Internet sites which linked to this Website vest in the author of those material, or the author’s licensee (subject to the operation of the Copyright Act 1968).

Privacy

HWL understand that your privacy is important and we are committed to protecting your privacy. In the course of our business we collect, use and disclose personal information provided to us by our clients and other users of this Website. We do this in accordance with National Privacy Principles established by the Privacy Act 1988 (Cth). Please refer to our Privacy Statement for more details.

Jurisdiction

The legal content of this Website is based on laws applicable in the state of Victoria in which we practice. HWL does not represent that it is authorised to provide legal advice in all the jurisdictions from which this website can be viewed.

These Terms and Conditions are governed by the law in force in the state of Victoria (VIC), Australia, and any dispute about these Terms or the contents of this Website are subject to the exclusive jurisdiction of the courts of the VIC, Australia.

Terms of Service

Definitions

“Australian Immigration Lawyer” means an Australian Legal Practitioner within the meaning of the Legal Profession Act 2004 who is also an Australian Registered Migration Agent
“Client” or “you” or “your” or “their” or “user” means the individual visiting this Website
“Costs Agreement & Disclosure Statement” means an agreement detailing how legal costs are to be calculated and paid in accordance with the requirements and procedures set out in the Legal Profession Act 2004 – specifically, those sections of the Act relating to legal costs and client reporting.
“DIAC” means the Department of Immigration & Citizenship
“HWL” refers to Haag Walker Lawyers
“Service” means any migration related service provided by HWL.  You can find a detailed description of what our Services include at www.hwimmigrationlawyers.com
“Terms of Use” means these Terms and Conditions, our Privacy Statement, Notices, Disclaimers, any other terms and conditions or other statements contained on this website.
“VEA” means our free Visa Eligibility Assessment
“Working Day” means any day (other than Saturday, Sunday or a bank holiday) on which legal business can be conducted in Melbourne, Australia
“Website” means www.hwimmigrationlawyers.

General

Information Provided

In the course of providing Services to you, HWL may use or rely on any information or documentation submitted by you or any third party in connection with your matter.  HWL is under no obligation to verify the accuracy or veracity of any such information.  HWL will not be liable for any claim, loss, damage, cost or expense incurred by any person, directly or indirectly arising as a result of our reliance on incomplete or inaccurate information provided by you and / or any third party in connection with your matter.  You understand and agree that any information submitted to HWL must be accurate and complete in order for HWL to provide you with accurate and complete service.

Client Information Questionnaire

Client Information Questionnaire (CIQ) requires you to complete and return an electronic questionnaire to us via email. This  process requires you to submit detailed information about your particular circumstances - questions will automatically appear and disappear based on the answers you provide.  

On completing all questions, you will be provided with the opportunity to email the completed questionnaire to us, and on receipt of your completed questionnaire, an Australian Immigration Lawyer will be assigned to review the information submitted to us.

Provision of Service

Upon receipt of payment HWL will endeavour to provide you with your nominated Service within the time frame specified in the Service description(s) on our Website.  You agree that in some instances, it may take HWL more than the time allotted to provide you with your chosen Service.

While every effort is made to ensure that any information / advice provided to you is accurate and current at the time it is provided to you, HWL is not responsible for any inaccuracy arising from changes to legislation, regulations, and policy, that are not publicly available at the time the Service is provided to you or which occurs after the Service has been provided.

Types of Immigration Services

HWL offers a range of migration services. A brief overview as well as a detailed description of what each of these Services include can be found on our Website or by clicking here and following the links.

FREE Visa Eligibility Assessment (“VEA”)

Our Free Visa Eligibility Assessment (“VEA”) is a computer generated assessment provided to assist you in making an indicative assessment as to which visa subclass may be appropriate for you.

You agree and understand that our VEA:

(a) should not be relied upon as a definitive statement and/or final recommendation as to whether or not you would be granted any particular visa;

(b) is not a substitute for your own judgment, own enquiries, and/ or independent advice; and

(c) is not a conclusive statement as to which visa(s) you should apply for.

Also, you understand that you may be eligible for visas other than those displayed in the VEA Step 1 drop down box.

HWL does not accept any responsibility or liability arising from or connected to the material in the VEA or any reliance upon it, whether or not caused by the negligence of HWL or its agents.

As a condition of your use of the VEA, you will not use it for any purpose that is unlawful or prohibited by these Terms and Conditions.  You may not use the VEA in any manner that could damage, disable, overburden, of impair any HWL server, or the network(s) connected to any HWL server, or interfere with any other party's use and enjoyment of the VEA or Website.

You may not attempt to gain unauthorized access to the VEA, computer systems or networks connected to any HWL server, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the VEA.

Client Information Questionnaire (CIQ):
If, after having completed our VEA, you decide to purchase one of our Migration Services, we may also require that you complete and return our CIQ. The additional information provided to us as part of our CIQ will be considered by an Australian Immigration Lawyer, and will inform the service and / or migration advice provided to you.

FREE State Sponsorship Search Tool

This search tool has been designed to allow users of our site to determine which Australian State & Territory Governments may accept sponsorship applications for a particular occupation. Like our free visa eligibility assessment, our sponsorship search tool is to be used as an indicative guide only.  Search outcome(s) are not to be relied upon as a final or conclusive statement as to which State or Territory Governments will accept sponsorship applications for a particular occupation(s) at the time of lodgment. 

You agree and understand that occupations for Australian State or Territory sponsorship are constantly changing and that you should make your own independent inquiries with the relevant State or Territory Government(s) prior to lodging your application.

You agree and understand that our State Sponsorship Search:

(a) should not be relied upon as a definitive statement and/or final recommendation as to whether or not you would be granted any particular visa;

(b) is not a substitute for your own judgment, own enquiries, and/ or independent advice; and

(c) is not a conclusive statement as to which visa(s) you should apply for.

IMPORTANT: Our VEA and State Sponsorship Search Tools are for personal use only and may not be used for commercial purposes.  We reserve the right to prohibit access to these tools at our sole discretion.  You understand that we are not required to contact you if we elect to prohibit access and that we are not responsible for any loss or damage as result of denial of access to our VEA, State Migration Plan Search tool and / or our website.

Premium Skilled Migration Service

Our Premium Skilled Migration Service is suitable only for off-shore applicants.  It is ideal for applicants who want to prepare their own application but still want the assistance of an experienced migration lawyer to guide them in the preparation of their application.

Our Step-by-Step Visa Application Guide, which is included as part of this Service, will be emailed to you within two (2) working days of receipt of both your completed On-Line Client Interview and full payment for this Service.

Total Case Management Service

Total Case Management is our most comprehensive service - we handle everything for you from start to finish.  We manage the complex migration issues and take care of all the practicalities associated with the visa application process so you don’t have to. This Service is ideal for applicants who don’t have time to self-prepare their application and want the reassurance that comes from having their application prepared by an experienced Australian Immigration Lawyer. Users of this service can be sure that their application has been properly prepared.  This means that their application contains sufficient relevant information to allow the Department to make a full assessment of all the facts against the relevant visa criteria.

Before proceeding with this Service, you will be required to first complete our On-Line Client Interview.  The additional information provided  as part of this process, means we will be better able to personally assess your circumstances and determine whether you should purchase this Service.

If, after having completed our On-line Interview you wish to retain our services, you will be able to download a copy of our Costs Agreement and Disclosure Statement; required under the Legal Profession Act 2004. Our Costs Agreement and Disclosure Statement sets out the basis upon which we are prepared to act for you and the way in which we would, if retained, charge for work done on your behalf.  We will also provide you with an information brochure which we are required to provide in all migration matters.

If there are issues we need to discuss with you directly and / or we require additional information, we may contact you either by email or telephone, before we provide you with a copy of our Costs Agreement and Disclosure Statement.

If, after having read our Costs Agreement & Disclosure Statement, you wish to proceed with our Total Case Management Service, you will be required to sign, date and return our Costs Agreement and Disclosure Statement, together with your first payment (specified under paragraph two (2) of our Costs Agreement).  Your first payment is an initial advance intended to put us in funds so that we can commence work on your matter.

Note: We will not be able to take any further action or steps on your behalf until we receive both the signed Costs Agreement and your prepayment.

If,however, after having assessed your circumstances, we do not believe your matter has a reasonable prospect of success, we will not advise you to proceed with our Total Case Management Service.

Telephone Advice & Personal Consultation

Prior to either consultation, you are required to:

1. Complete and return our Client Information Questionnaire (CIQ) (at our discretion)

2. Book a suitable consultation time

3. Pay the designated fee for your preferred consultation service.


Note: Your consultation payment will be forfeited should you fail to contact us at the agreed consultation time and you have not provided us with at least twenty-four (24) hours notice of decision to cancel.  If you would like to reschedule your consultation time,  please notify us by sending an emailing via our Contact Us page or by telephone on +61 (03) 9663 0026 at least twenty four (24) hours prior to your booked consultation time.

Unless otherwise agreed, both the Telephone Advice & Personal Consultation Services are "one-off services." This means that any further consultations, either by e-mail or telephone with one of our migration lawyers, are not included in the initial consultation fee.  However, if you would like to consult with us further about your matter, you can purchase an additional telephone or personal consultation by telephone, on-line or via email through our Contact Us page.  Alternatively, you can purchase one of our other Migration Services, such as our Total Case Management Service or Premium Migration Service, both of which include additional consultation opportunities.

Fees are payable to us where you purchase one of our Immigration Services through our Website or where you directly instruct us to do work on your behalf and / or enter into a Costs Agreement to retain our services.  All fees are quoted in Australian Dollars (AUD) and are payable using one of our accepted payment methods.

Note: If you purchase our Full Case Management Service, prior to commencing work on your matter, we will provide you with a copy of our Costs Agreement and Disclosure Statement.  This documentation sets out the basis upon which we are prepared to act for you, including, how your legal costs are to be calculated and
Refund Policy

You may request a refund by emailing us at admin(at)hwlawyers.com.au.  Your email should set out the reasons for your request.  We will consider your reasons and advise you of the outcome within seven (7) days of receipt of your email.

All refunds will be made at our sole discretion.  We reserve the right to deduct an amount  proportionate to the amount of work performed on your matter and services provided prior to the refund payment being made available to you.
Complaints

If you have any concern about our legal costs or our legal services you should contact our office at admin(at)hwlawyers.com.au as soon as possible.

Migration Agents Code of Conduct

Australian Migration Agents are required to be registered with the Office of the Migration Agents Registration Authority (MARA). The Migration Act 1958 prohibits anyone who is not registered from giving advice or assistance in immigration cases, subject to certain exceptions.

HWL are both Australian Immigration Lawyers and Registered Migration Agents.  Because we are also Registered Migration Agents - in addition to the ethical and professional standards proscribed by the Government of Victoria in the Legal Profession Act 2008  - we also subject to the MARAs Code of Conduct.  You can view the Code of Conduct by clicking here.  If you are unable to view the Code via this link, we can provide you with a copy upon request.

 
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Frequently Asked Questions

Q. How long will it take for my visa application to be processed and finalised?

A. The processing time for visa applications will vary according to the visa class being applied for, and the priority order in which applications are processed by the Department of Immigration.

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