Insights

Separation is rarely simple, particularly when property (including businesses and superannuation) and children are involved. One of the most common questions we are asked is: “Who gets what?” In Australia, property settlements are governed by the Family Law Act 1975 . The process is structured, but outcomes depend heavily on the specific circumstances of each relationship. No each case is the same. Step 1: Identifying the asset pool The first step is identifying and valuing the total asset pool. This includes: Real estate Savings and investments, including cryptocurrency and shares Businesses and trusts Superannuation Vehicles and personal property Liabilities and debts Importantly, the asset pool includes everything owned individually, jointly, or through entities such as companies or discretionary trusts. Step 2: Assessing contributions The court then considers the contributions made by each party, including: Financial contributions (such as income earned by the parties during the relationship, assets brought into the relationship, and the payment of the mortgage, rates and utilities during the relationship and post-separation) Non-financial contributions (such as renovations conducted on any real estate during the relationship and post-separation, care provide to family members, and the completion of housework) Homemaker and parenting contributions Contributions are not assessed in dollar terms. Raising children or supporting a partner’s career are recognised as relevant contributions. Step 3: Future needs The court also considers future factors, which include (but are not limited to): Income earning capacity Age and health Care of children Length of the relationship Adjustments may be made if one either party have a future need. Time limits apply Strict time limits exist: Married couples must apply for property settlement within 12 months of a divorce order being made. De facto couples must apply within 2 years of separation. Missing these deadlines can significantly complicate your position, such it is important to get advice regarding your matter as soon as possible after separation to avoid being “out of time”. Do I need to go to court? Most property settlements are resolved through negotiation (whether through parties themselves or solicitor correspondence) or mediation. Court proceedings are generally a last resort. However, formalising any agreement through Consent Orders or a Binding Financial Agreement is critical to ensure finality and protection from future claims. Early advice makes a difference Every separation is different. Business structures, trusts, inheritances and superannuation can significantly affect outcomes. Obtaining early legal advice helps clarify: The likely asset pool Your contribution position Potential future needs adjustments Strategic options for resolution If you are considering separation or have recently separated, our family law team can provide clear, practical guidance tailored to your circumstances. Do you need family law advice? Kells specialises in all areas of family law and have a team of experienced dedicated family lawyers conveniently located throughout Sydney and the Illawarra.

The occurrence of fatal road accidents are a tragic reality of people using our roads to travel and get around. Sadly earlier this week a cyclist in Dapto was allegedly struck by a bus and died due to his injuries. The outcome of an accident like this has consequences, not just for the untimely death of the cyclist but also for their family and persons who may have witnessed the fatal accident at the scene. Although it is reported that no one else was physical injured in this incident, it is possible that people may suffer a psychological injury as a result of having witnessed a tragic event such as this. Even close family members of a deceased person injured in a motor vehicle accident may suffer a psychological injury as a result of their untimely and tragic death. Psychological injuries may not be as obvious or visible as physical injuries and people who suffer psychological injuries may not realise they have sustained any injury unless and until they seek the opinion of a qualified medical practitioner or psychologist. People who have suffered a physical or psychological injury as a result of a motor vehicle accident may be entitled to compensation. This may also include people who have witnessed a motor vehicle accident that has resulted in a serious or fatal injury to another person or family members to a person injured or killed in a motor vehicle accident. If you or somebody you know has witnessed a tragic motor vehicle accident that has resulted in the death or serious injury of another person and believe that as a result, you may have suffered a psychological injury, you should discuss your potential rights and entitlements to compensation with our team of compensation lawyers. Your potential entitlements to compensation may include: payment of your regular weekly salary while you recover treatment expenses a claim for pain and suffering where you may not be able to return to work indefinitely, a claim for your future economic loss. It is important that you seek legal advice early with respect to your rights and entitlements to motor accident claims, especially within the first three months since the date of the injury. Being involved in or witnessing a road accident can be overwhelming and upsetting. At Kells, we understand what you’re going through and are here to help. Speak with one of our experienced personal injury lawyers for guidance on your options and whether you may be entitled to a claim. Our services are offered on a no win, no fee basis, with a free initial consultation, so you can focus on your recovery. Have questions or need legal guidance?

The 2026 Kells Kiama Sevens has once again cemented its place as one of Australia’s premier rugby sevens tournaments, drawing elite teams, passionate supporters, and the wider community together for a day where speed met spectacle and tradition met ambition. Held at the iconic Kiama Showground, the tournament delivered fast-paced rugby, electric sideline energy, and a standard of competition befitting its reputation as the Southern Hemisphere’s longest-running sevens event. In a gripping Cup Final, Manly defeated Easts, claiming the 2026 title in emphatic fashion. The final showcased the very essence of sevens rugby, precision, pace and pressure, thrilling the crowd from first whistle to final siren. Kells Lawyers congratulates Manly on their championship victory, Easts on an outstanding campaign, and all divisional winners and participating clubs whose skill and sportsmanship defined the day. Beyond the scoreboard, the Kiama Sevens remains a powerful engine for community impact. Through the Kiama Sevens Foundation and the enduring work of the Kiama Rugby Union Club, proceeds from the tournament are reinvested directly into grassroots rugby — supporting junior development pathways, coaching programs, player welfare initiatives, and the long-term sustainability of the sport within the region. The event also continues to deliver meaningful economic benefits to the local area, with visiting teams, families and supporters contributing to accommodation providers, hospitality venues and local businesses throughout the weekend. For Kiama, the Sevens is more than a tournament; it is a celebration of community identity and regional pride. Kells Lawyers commits to a further two years as Naming Sponsor Following the success of the 2026 tournament, Kells Lawyers is proud to confirm its commitment as naming sponsor of the Kells Kiama Sevens for a further two years. This renewed partnership provides the strategic certainty required for organisers to plan ambitiously for future tournaments, enhancing player experience, strengthening commercial partnerships, and ensuring the long-term growth of the event. “As a firm deeply embedded in the Illawarra and Shoalhaven region, our commitment to the Kiama Sevens is about more than sponsorship,” said Paul Magagnino, Managing Partner at Kells. “It’s about investing in community, backing grassroots sport, and supporting an event that brings extraordinary energy and opportunity to the Kiama region. Securing our partnership for another two years allows the tournament to plan strategically and build on its remarkable legacy.” With the extended sponsorship in place, anticipation is already building for the next chapter with the 2027 Kells Kiama Sevens set to take place on 27 February 2027. Kells Lawyers looks forward to standing alongside players, volunteers, sponsors and supporters as the tournament continues to evolve, proudly championing rugby excellence while reinvesting in the community that makes it possible. For more information, visit Kells Kiama Sevens . Kells has grown to become a leading full-service law firm in Sydney and the Illawarra region, working alongside our clients and evolving our services to meet our clients’ changing needs. We have a team of passionate, energetic, and client-focused legal professionals with over 70 staff based across 6 offices in Sydney and throughout the Illawarra. For more information contact Shayne Lopeman Marketing Manager +61 2 4221 9362 slopeman@kells.com.au

As Dapto Swimming Club celebrates 60 remarkable years of fostering swimming talent, community spirit, and family fun, Kells is proud to have supported last Sunday’s milestone carnival as a Lane Sponsor. Being a lane sponsor isn’t just about signage or a name on the pool deck, it is about investing in the heartbeat of Dapto and the wider community. It is about encouraging young swimmers, celebrating local achievements, and supporting an inclusive environment where families and athletes thrive. Through sponsorship, we are helping the club provide opportunities for its swimmers, honour decades of history, and continue fostering the friendly, family atmosphere that makes Dapto Swimming Club so special. “Supporting Dapto Swimming Club is more than sponsorship, it’s an investment in community, opportunity, and the next generation of talent,” said Paul Magagnino, Managing Partner at Kells. “We are proud to give back to the region that gives so much to all of us and to play a part in helping young swimmers reach their potential.” From families and swimmers to volunteers and committee members, the carnival was a true celebration of sport, teamwork, and local pride. This sponsorship reflects Kells’ ongoing commitment to local partnerships that make a difference through events like this, the firm continues to see the value of investing in relationships that go beyond the office. For more information, visit Dapto Swimming Club . Kells has grown to become a leading full-service law firm in Sydney and the Illawarra region, working alongside our clients and evolving our services to meet our clients’ changing needs. We have a team of passionate, energetic, and client-focused legal professionals with over 70 staff based across 6 offices in Sydney and throughout the Illawarra. For more information contact Shayne Lopeman Marketing Manager +61 2 4221 9362 slopeman@kells.com.au

In the last few years, the number of people who own and operate electric bikes and scooters has risen. As these electric bikes and scooters become more affordable many people are choosing to upgrade from their previously non-electric counterparts to speed up their method of transport. Not to mention, these electric bikes and scooters can be fun. Although there has always been the possibility of road accidents for non-electric bikes and scooters – many of us now ask ourselves – ‘are these electric bikes and scooters more dangerous than the non-electric ones’? Although this a complex question and not one that this article will answer the reality is – what are your legal rights and entitlements if you are involved in an accident and injured while riding an electric bike or scooter. Fortunately, in New South Wales, if you have been injured in an accident while riding your electric bike or scooter (or even if you were a passenger) or if you have been injured as a result of being in an accident with an electric bike or scooter – you may be entitled to compensation. Your potential entitlements to compensation may include: payment of your regular weekly salary while you recover; treatment expenses; a claim for pain and suffering; and where you may not be able to return to work indefinitely, a claim for your future economic loss. Road accidents can be serious and lifechanging. It is important that you seek legal advice early with respect to your rights and entitlements to motor accident claims, especially within the first three months since the date of your injury. Here at Kells, our compensation team is always ready and happy to help people with advice that they need to navigate their rights and entitlements after an injury. If you, or somebody you know, have been injured while riding your electric (or non-electric) bike or scooter, and need help or advice navigating rights and entitlements to compensation, please reach out – we are here to help and are only a phone call or online enquiry away.

A criminal record is an official record of a person’s criminal convictions and interactions with the criminal justice system. What shows up on your record during a background check can vary depending on the type of offences and who is conducting the check. Are all offences included in my criminal record? Not every offence results in a criminal record. Some minor offences can be dealt with by Police on the spot (sometimes called an infringement or a ‘ticket’), rather than through the courts. This is usually a matter of discretion for the police, depending on the seriousness of the offence. If your matter goes to court and you are found guilty and sentenced, it will appear on your criminal record. How long does a criminal record last in NSW? Your criminal record is usually permanent, and a lifelong record is held by the police and the courts. However, some convictions can be: “Quashed” (overturned by the court) “Extinguished” (for certain historical offences which are no longer crimes), or Become “spent”, meaning they aren’t fully erased but become non-disclosable in most situations. What are ‘spent’ convictions? In NSW, the Criminal Records Act 1991 creates a scheme which allows minor criminal convictions to become "spent" after a crime-free period. Once a conviction is spent, you generally don't need to disclose it and it usually won’t show on a police check. This scheme was designed to prevent discrimination for people who have demonstrated a change in behaviour. There are exceptions to this scheme for more serious crimes and disclosure for certain jobs like teaching and policing. All offences can become “spent”, except: Convictions with prison sentences of more than 6 months Convictions for sexual offences Convictions imposed against bodies corporate Any offences set out in the regulations. Note: The “spent” convictions scheme applies to offences and convictions in jurisdictions outside of New South Wales (such as other states) which correspond (or which correspond as closely as possible) to the relevant New South Wales offences and convictions. When is a conviction spent? Under Section 8(1) of the Criminal Records Act 1991 a conviction is spent on completion of the relevant ‘crime free’ period. This is automatic and you do not need to apply to have a conviction spent after the crime free period. For adults, this period is 10 consecutive years after the date of the conviction, during which: The person has not been convicted of an offence punishable by imprisonment The person has not been in prison because of a conviction for any offence and has not unlawfully been at large There is no statutory or prescribed exclusion that applies. For convictions in the Children’s court, this period is 3 consecutive years, where: The person has not been subject to a control order, and The person has not been convicted of an offence punishable by imprisonment, and The person has not been in prison because of a conviction for any offence and has not been unlawfully at large. Who can see my “spent” convictions? If a conviction is “spent”, you generally do not have to disclose it, and any questions about your criminal history are taken to refer only to unspent convictions. However, there are exceptions. Spent convictions may still appear when checks are made for certain roles, including: working with children police officers / law enforcement teachers and teacher’s aides disability support work corrective services staff in immigration detention centres firefighting or fire prevention Law enforcement agencies, including all State and Territory police, can also access and share information about spent convictions to other law enforcement agencies and the court. Archives and libraries can also disclose to a member of public or to another library or archive material that contains information relating to spent convictions if the material is normally available for public use. Can someone disclose my spent convictions? It is an offence for anyone with lawful access to conviction records to disclose information about spent convictions without lawful authority. The maximum penalty for doing so is $5,500 fine and/or 6 months imprisonment. It is also an offence to obtain or attempt to obtain information concerning a spent conviction fraudulently or dishonestly, and this carries the same penalty. If you have a criminal record and are unsure about what will show up, or whether a conviction is spent, you should get in touch with a criminal lawyer. Contact our highly experienced criminal and traffic law team for a FREE consultation to help you understand your criminal record and what it means for you.

Kells Lawyers proudly acknowledges the outstanding achievement of former Partner Roger Downs, who has been awarded the Medal of the Order of Australia (OAM) as part of the 2026 Australia Day Honours. This prestigious national honour recognises Mr Downs’ decades-long commitment to community service throughout the Illawarra. Fewer than one thousand Australians were recognised this year, with recipients selected by the independent Council for the Order of Australia following a comprehensive assessment process. After concluding a legal career spanning more than four decades in the Illawarra, Roger stepped away from day-to-day practice but did not step away from public life. He has continued to dedicate his knowledge and experience to community and not-for-profit organisations across the region he has called home since 1979. Over many years he has contributed his professional skills to assist a range of institutions focused on health, justice and community wellbeing, offering strategic, legal and governance support to organisations including the NSW Justice Health and Forensic Mental Health Network, Illawarra Shoalhaven Local Health District, the Law Society of NSW and the Illawarra Credit Union. Roger’s long-standing involvement with Warrigal further reflects his commitment to service and leadership. His association with the organisation began in 1997 when he became a company member and shortly thereafter joined the Board, later being appointed Vice Chairman. In recent years he led the Board Risk and Audit Committee through a significant period of reform within the aged care sector and continues to serve on key governance committees. His steady guidance and oversight have contributed to Warrigal maintaining exemplary governance standards, including achieving full compliance with all Aged Care Quality Standards. Managing Partner of Kells Lawyers, Paul Magagnino, congratulated Roger on the honour, stating, “Roger’s contribution to both the legal profession and the broader community has been exceptional. His integrity, dedication, and commitment to service set a standard we are incredibly proud of. This recognition is richly deserved, and everyone at Kells Lawyers extends their warmest congratulations on this remarkable achievement.” Roger Downs’ recognition reflects a lifetime of professional excellence, volunteer leadership, and enduring service to the Illawarra community. Kells Lawyers joins community members and colleagues in celebrating this well-earned honour. For more information contact Shayne Lopeman Marketing Manager +61 2 4221 9362 slopeman@kells.com.au

The Australian Government has recently confirmed the planning levels for the 2025–26 permanent Migration Program, maintaining a cap of 185,000 places to balance economic needs with sustainable population growth. This program plays a crucial role in attracting skilled talent, supporting family reunion, and addressing labour market shortages across the country. In this article, we'll break down the key components, highlight notable changes from previous years, and discuss what this means for prospective migrants. Overview of the program streams The 2025–26 program is divided into three main streams, with a strong emphasis on skills to boost Australia's productive capacity: Skill Stream: Allocated 132,200 places (about 71% of the total program). This stream focuses on filling skill gaps, particularly in regional areas, and includes categories such as Employer Sponsored (44,000 places), Skilled Independent (16,900), Regional (33,000), State/Territory Nominated (33,000), Business Innovation & Investment (1,000), and the new Talent and Innovation category (4,300). Family Stream: Comprising 52,500 places (around 28%), this stream prioritises reuniting families. It includes Partner visas (40,500 indicative places), Parent (8,500), Child (3,000 indicative), and Other Family (500). Note that Partner and Child categories are demand-driven, meaning the actual numbers may vary based on applications. Special Eligibility Stream: A smaller allocation of 300 places for unique circumstances, such as permanent residents returning after time abroad. Notable changes and priorities Compared to 2023–24, the overall cap has been reduced and stabilised at 185,000 places, reflecting a shift towards more targeted migration. Key updates include the introduction of the Talent and Innovation category, which aligns with the new National Innovation Visa aimed at exceptional talent. This replaces older global talent pathways and emphasises state specific needs. The program continues to prioritise regional and state-nominated visas, which together make up 50% of the Skill stream. This focus helps address local labour challenges and supports economic growth in less populated areas. Other developments include visa fee increases and higher income thresholds effective from 1 July 2025, which applicants should factor into their planning. Tighter priorities for skilled visas and changes to invitation rounds for visas like the 189 also aim to better match migrants' skills with Australia's needs. What this means for applicants For skilled migrants, the stable allocations in employer-sponsored and regional categories offer opportunities, but competition remains high in independent streams. Family applicants can expect consistent processing for partners and parents, though demand-driven categories may see fluctuations. If you're considering migrating to Australia, it's essential to stay informed about these changes and ensure your application aligns with current priorities. Professional advice can make all the difference in navigating complex requirements. At Kells, our migration law experts are here to guide you through the process. Whether you're exploring skilled pathways or family reunification, contact us today for personalised assistance.