# Shawn Mendis Lawyers > The Trusted Lawyers ## Posts - [Building a House in Victoria? Know Your Rights!](https://shawnmendislawyers.au/building-a-house-in-victoria-know-your-rights/): Building your own home is exciting but it is also one of the biggest financial decisions you will ever make. In Victoria there are three separate pieces that must work together: • your land and building contract with the builder• your construction loan with the bank or lender• your legal protection as a consumer under Victorian law and the Australian Consumer Law This guide explains in simple English how residential construction loans work, how progress stages and payments work, and what your legal rights are at every step. 1. Key Laws that Protect Homeowners When you build a home in... - [Victoria’s New Reserve Price Disclosure Law - What It Means for You](https://shawnmendislawyers.au/victorias-new-reserve-price-disclosure-law-what-it-means-for-you/): By Shawn Mendis (Pakenham, Victoria) The Victorian Government has announced a major reform in the real estate sector aimed at tackling the practice known as under-quoting. Under the proposed changes, real estate agents in Victoria will be required to publish the exact reserve price of a property at least seven days before it goes to auction or is sold via a fixed-date sale. What is happening and when? Who is responsible? Will it pass? My view In my professional opinion the reform has a high likelihood of passing the Victorian Parliament — here are the factors for and against: Reasons... - [Understanding Fair Work Conciliation and Arbitration in Australia](https://shawnmendislawyers.au/fair-work-conciliation/): When workplace issues arise, especially involving claims of unfair dismissal, the Fair Work Commission (FWC) plays an important role in helping employees and employers resolve disputes quickly and fairly. One of the most common steps in this process is conciliation, followed by arbitration if the dispute cannot be settled. This article explains what these processes mean and shares a real case handled by our firm, Shawn Mendis Lawyers, to help you understand how they work in practice. Case Summary In this case, an employee worked for almost one year but was on unpaid medical leave for several months. The employer... - [Understanding the 2025 Franchise Law Changes in Australia and Victoria](https://shawnmendislawyers.au/franchiselawchange2025/): From 1 April 2025, Australia introduced a new version of the Franchising Code of Conduct, which applies across all states, including Victoria. Some rules will become fully active from 1 November 2025. These updates are designed to make franchise relationships fairer, clearer, and more transparent for both franchisees and franchisors. At Shawn Mendis Lawyers, we guide business owners, investors, and franchisors through these changes, ensuring all agreements stay compliant with the new Code. Key Changes in the New Franchising Code 1. Non-Compete (Restraint of Trade) Clauses Franchisors can no longer include a restraint of trade clause if a franchisee requests... - [Shawn Mendis Named Double Finalist at 2025 Lawyers Weekly Partner of the Year Awards](https://shawnmendislawyers.au/shawn-mendis-double-finalist/): We are proud to share some incredible news from Lawyers Weekly Partner of the Year Awards 2025 – our Principal Solicitor, Shawn Mendis, has been named a finalist in not just one, but two prestigious national categories. Wills and Estates Partner of the Year New Partner of the Year (SME Law) This is a significant milestone for both Shawn and the entire Shawn Mendis Lawyers team. To be recognised on a national stage, in front of Australia’s top legal minds, is an honour in itself — but what makes this moment even more special is the journey that brought us... - [Australia’s New Foreign Property Purchase Rules: What It Means for Investors and Housing Supply](https://shawnmendislawyers.au/australias-new-foreign-property-purchase-rules/): For years, I have assisted foreign investors in acquiring properties across Australia, helping them navigate complex legal requirements and secure investments in a thriving real estate market. However, significant changes are coming to foreign property ownership laws in Australia, and it’s crucial to understand their implications, benefits, and how they will shape the housing market moving forward. New Law: Temporary Ban on Foreign Purchases of Existing Homes Effective April 1, 2025, the Australian Government is introducing a two-year ban on foreign investors purchasing established (existing) residential properties. This measure will remain in place until March 31, 2027, after which a... - [Shawn Mendis Lawyers Celebrates a Successful First Anniversary in Pakenham](https://shawnmendislawyers.au/shawn-mendis-lawyers-celebrates-a-successful-first-anniversary-in-pakenham/): Shawn Mendis Lawyers is proud to mark one year of dedicated service at our Pakenham office. Since our establishment, we have remained committed to delivering expert legal services with integrity, professionalism, and a client-first approach. This milestone is a testament to the trust and support of our valued clients, our hardworking team, and the wider community. To celebrate this remarkable occasion, we hosted a special first-anniversary event, which was featured in Star News, Pakenham Gazette and other media outlets. The gathering brought together esteemed guests, community leaders, and well-wishers who have been part of our journey. A Commitment to Community... - [Proud Sponsor: Shawn Mendis Lawyers at the Pakenham Cup Day 2024](https://shawnmendislawyers.au/shawnmendislawyerscup/): Shawn Mendis Lawyers is proud to have been a key sponsor of the 2024 Pakenham Cup Day, held on Saturday, 21 December at Pakenham Racecourse. This highly anticipated event brought together the community for a spectacular day of racing, celebration, and camaraderie at the heart of Pakenham. The highlight of the day for us was undoubtedly 🏇🏆 the Shawn Mendis Lawyers Race, where the remarkable horse Samangu, ridden by the talented jockey Jordan Childs, took the victory. It was an incredible moment as our Principal Solicitor, Shawn Mendis, had the honor of presenting the winning award. This dedicated race stood... - [Important Changes to FRCGW effective from January 1, 2025](https://shawnmendislawyers.au/changes-to-frcgw/): The Australian Taxation Office (ATO) has implemented significant amendments to the Foreign Resident Capital Gains Withholding (FRCGW) regime, effective from January 1, 2025. These changes impact both Australian residents and foreign investors involved in property transactions across Australia. Understanding these changes is critical for sellers and buyers to ensure compliance and avoid penalties. Key Changes: 1. Increased Withholding Rate: The withholding rate has increased from 12.5% to 15% of the property's sale price, making it more important than ever for sellers and buyers to be aware of their obligations under the FRCGW. 2. Removal of Monetary Threshold: The previous exemption threshold of $750,000 has been removed. Now, all property sales, regardless of value, are subject to the FRCGW requirements. This marks a significant shift, particularly for lower-value property transactions that were previously exempt. Implications for Property Sellers: • Australian Residents: Sellers must obtain a clearance certificate from the ATO and provide it to the purchaser at or before settlement. Without this certificate, the purchaser is obligated to withhold 15% of the sale price and remit it to the ATO. To avoid unnecessary complications, it is advisable to apply for the clearance certificate early, as processing can take up to 28 days (though most are issued within a few days). • Foreign Residents: Foreign resident vendors are automatically subject to the 15% withholding. However, they can apply for a variation if the withholding amount exceeds their actual tax liability. This application should be submitted well before settlement to ensure the correct amount is withheld. Implications for Property Purchasers: • Obligation to Withhold: Purchasers are required to withhold 15% of the purchase price if the vendor does not provide a valid clearance certificate or variation notice. This withheld amount must then be paid to the ATO at or before settlement. Failure to comply with these obligations can result in significant penalties. Example Scenario: Consider an Australian resident selling a property for $600,000. Under the new rules, if the seller does not provide a clearance certificate, the purchaser must withhold 15% of the sale price, amounting to $90,000, and remit it to the ATO. This demonstrates the critical importance of obtaining the necessary documentation before settlement. How Shawn Mendis Lawyers Can Assist: Expert Guidance During the Conveyancing Process Navigating these regulatory changes can be intricate, especially during the conveyancing process. At Shawn Mendis Lawyers, our experienced property lawyers provide tailored services to ensure a smooth and compliant property transaction experience: • For Sellers: We simplify the process by assisting with the preparation and submission of clearance certificates or variation notices, ensuring full compliance with the updated FRCGW requirements. Our proactive approach helps you avoid unnecessary delays and ensures your transaction proceeds seamlessly. • For Purchasers: Our team offers expert guidance on your withholding obligations under the new rules, ensuring all ATO requirements are met. We provide clarity and support to prevent potential penalties and safeguard your interests. At Shawn Mendis Lawyers, we stay ahead of legislative changes to deliver accurate, practical, and timely advice. With our comprehensive understanding of property law and conveyancing processes, we are committed to protecting your interests and achieving the best outcomes for your property transactions. Contact Us: For personalized assistance tailored to your specific circumstances, reach out to Shawn Mendis Lawyers: • Phone: 03 8774 9663 • Email: contact@shawnmendislawyers.au • Address: 1/198 Henry Rd, Pakenham VIC 3810 Stay informed and ensure compliance with the latest property transaction regulations by consulting with our experienced legal team. Whether you're selling, buying, or simply need advice on the implications of these changes, Shawn Mendis Lawyers is here to support you every step of the way. - [Landmark High Court Ruling: 'Sham' Terminations Can Cause Psychiatric Injury](https://shawnmendislawyers.au/sham-terminations-can-cause-psychiatric-injury/): On December 11, 2024, the High Court of Australia delivered a significant judgment in Elisha v Vision Australia Ltd [2024] HCA 50, addressing the availability of damages for psychiatric injury resulting from the manner of an employee’s dismissal. Case Background: Mr. Elisha, employed by Vision Australia since September 2006, was involved in a disputed incident at a hotel during work-related travel in March 2015. Following this, he was presented with a “stand down letter” and attended a disciplinary meeting where he denied the allegations. Despite his denial, Vision Australia terminated his employment on May 29, 2015, leading to his diagnosis... - [Shawn Mendis bags Legal Innovation Award at Victoria Top 100 Asia Innovation Business Leaders!](https://shawnmendislawyers.au/legal-innovation-top100-victoria/): 🏆 We are proud to announce that our Principal Solicitor, Shawn Mendis, has won the Legal Innovation of Victoria Top 100 Innovation Business Leaders Award! This prestigious accolade reflects Shawn’s dedication to advancing legal practice through innovative strategies and solutions, setting a high standard for client-focused service. His commitment to excellence continues to drive our firm forward and reinforces our mission to deliver exceptional outcomes for our clients. Although Shawn was unable to attend the ceremony due to another commitment, his father and mentor, Solicitor Sidney Mendis, proudly accepted the award on his behalf. Congratulations, Shawn, on this outstanding achievement! - [Shawn Mendis Lawyers Becomes Main Sponsor and Legal Partner of Officer Tennis Club](https://shawnmendislawyers.au/shawn-mendis-lawyers-becomes-main-sponsor-and-legal-partner-of-officer-tennis-club/): Shawn Mendis Lawyers is thrilled to announce our new role as the Main Sponsor and Legal Partner of the Officer Tennis Club! 🎾 Founded in 1935, the Officer Tennis Club boasts a proud history of nurturing talent and fostering a strong community spirit. This exciting partnership reflects our commitment to supporting local sports and contributing to the club’s ongoing legacy of excellence. We are excited to be a part of this journey and look forward to working closely with the Officer Tennis Club to drive success and community engagement. Stay tuned for more updates and news as we serve up... - [Shawn Mendis Among Top 10 Lawyers in Australia for Wills and Estates](https://shawnmendislawyers.au/shawn-mendis-among-top-10-lawyers-in-australia-for-wills-and-estates/): Shawn Mendis Lawyers is thrilled to announce that Principal Solicitor, Shawn Mendis, has been recognized for the second consecutive year among the top 10 lawyers in Australia for Wills and Estates at the prestigious 2024 Partner of the Year Awards, hosted by Lawyers Weekly. This accolade highlights Shawn’s unwavering dedication, professionalism, and innovative approach within the Australian legal profession. The Partner of the Year Awards is the flagship event for Australia’s legal industry, celebrating the accomplishments of the nation’s top legal talent. To be honoured in this competitive environment for two consecutive years is a remarkable achievement, underscoring Shawn’s commitment... - ["Top Legal Expertise": Shawn Mendis Featured in Local News](https://shawnmendislawyers.au/top-legal-expertise-shawn-mendis-featured-in-local-news/): We are proud to announce that our Principal Solicitor, Shawn Mendis, has been featured in both the Pakenham Gazette and Star News newspapers under the headline “Top Legal Expertise.” This recognition highlights the exceptional legal services that Shawn Mendis Lawyers consistently delivers to the local community of Pakenham and the surrounding suburbs. As a firm, our focus is rooted in integrity, dedication, and a client-first approach. Led by Shawn Mendis, who is admitted to practice in the Supreme Court of Victoria, the High Court of Australia, and the High Court of New Zealand, we have been committed to providing tailored... ## Pages - [Client Onboarding](https://shawnmendislawyers.au/client-onboarding/) - [Our Team](https://shawnmendislawyers.au/our-team/) - [Practice](https://shawnmendislawyers.au/practice-page/): Legal Practice Areas Family Law Last Wills & Power of Attorney Business Sale and Purchase Witnessing Loan or Guarantee Service Company , Trust & Partnership Contracts , Civil Disputes & Consumer Property Law & Conveyancing Probate and Deceased Estate Criminal Law, Traffic & IVO Employment Law Intellectual Property - [Contact us](https://shawnmendislawyers.au/contact-us/): Our Main Location – Pakenham Office Phone 03 8774 9663 Mail Us contact@shawnmendislawyers.au Address 198 Henry Road, Pakenham VIC 3810 Send us your message Submit Now Our Other Location Niddrie/Essendon Office (Mendis & Gibson Lawyers) Office Phone 03 9379 1839 Mail Us info@mendisgibsonlawyers.com.au Address Suite 2, Level 1, 330 Keilor Road, Niddrie VIC 3042 - [Blog Grid](https://shawnmendislawyers.au/blog-grid/) - [About Us](https://shawnmendislawyers.au/about-us/): Qualified Legal Attorneys Experienced Legal Professionals: Your Trusted Advisors Over 20 Years of Experience Decades of Expertise: Providing Proven Solutions for Thousands of Happy Clients Our Awards Partner of the Year Finalist for Partner of the Year Law Awards back to back in 2023 & 2024 (Wills & Estate) Analyzing The Case Delving deep into your situation to figure out the best way forward with careful analysis and attention to detail. Taking Steps Forward Getting things moving by taking practical steps to address your legal concerns, ensuring progress and momentum. Court Of Law Success Go all out for securing success... - [Blog](https://shawnmendislawyers.au/blog/) - [Home 1](https://shawnmendislawyers.au/): Analyzing The Case Delving deep into your situation to figure out the best way forward with careful analysis and attention to detail. Taking Steps Forward Getting things moving by taking practical steps to address your legal concerns, ensuring progress and momentum. Court Of Law Success Go all out for securing success via thorough preparation, strategic planning, and representation in the courtroom. Who We Are Shawn Mendis Lawyers An integral part of the esteemed Mendis & Gibson Lawyers With our roots firmly planted in the rich history of Mendis & Gibson Lawyers, founded by the visionary duo Sidney Mendis and Anna... [comment]: # (Generated by Hostinger Tools Plugin)