PRACTICE AREAS
IN OMNIA PARATUS
BANKRUPTCY
We assist clients in making advised decisions throughout the bankruptcy process. This process includes representation in bankruptcy proceedings/court hearings, gathering and preparing pertinent documents, and assessing the viability of assets in paying off the debtor’s balance.
We work with several internationally renowned accountancy firms, appraisers and other professionals to ensure that we get the maximum return on your interests.
CIVIL RIGHTS LAW
We work to protect your individual civil rights and civil liberties and ensure that all individuals are treated equally under the law. We handle a broad range of cases that deal with a variety of civil rights issues, including:
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Employment discrimination based on age, sex, ethnicity and nation of origin
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Voting rights
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Religious Liberties
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Fundamental Rights and Duties as enumerated in the Constitution of Vanuatu
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Any other way in which an individual may feel that their rights are being infringed upon.
CORPORATE LAW
We address all aspects of a corporation’s legal administration. Our duties include handling proceedings with mergers, acquisitions, liability disputes, legal compliance, and much more. We specialise in:
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General Counsel
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Trademark/Copyright
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Privacy and Data Security
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Cyberspace Law
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Collections
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Contracts
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Incorporation
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Procurement of VFIPA certificate and business licenses
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Litigation
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Patents
CRIMINAL LAW
We handle a diverse spectrum of criminal cases, ranging from domestic violence crimes, sex crimes, violent crimes, theft, embezzlement, fraud etc.
We guide clients through bail bond hearings, plea bargains, trial, revocation hearings (parole or probation), appeals and post-conviction remedies.
DISPUTE RESOLUTION
We actively promote client autonomy in the resolution of disputes and believe in the freedom of our clients to make their own arrangements to resolve their disputes.
Sometimes you may need a more creative solution that a court may not be sanctioned to impose. We will assist you in settling disputes without litigation, using methods of arbitration, mediation, or negotiation.
EDUCATION LAW
We believe in the highest quality educational experience for everyone. At Yawha & Associates we advocate for students’ and teachers’ rights.
EMPLOYMENT LAW
We ensure that employers comply with the laws relating to the formation and cessation of employee relationships. We can assist you by defending claims, drafting and negotiating employment contracts and advising on HR policies.
Conversely, in contentious cases, where employers do not comply with the law, we help employees confront unfair challenges they have endured in their workplace.
We deal with issues ranging from wages and compensation to harassment and discrimination.
ENVIRONMENT & NATURAL RESOURCE LAW
We believe in protecting the natural world. We assist parties in all aspects of environment and natural resource law in Vanuatu including, negotiating changes in the schedules of leases, lodgement of applications, government approval etc.
Vanuatu real property works within a leasehold tenure system. At Independence, approximately 20 per cent of the land in Vanuatu was alienated land. The Land Reform Act [Cap 123] provided for every alienator, at the time, to enter into a leasehold arrangement with customary owners. The mechanism to achieve this was provided for in the Alienated Land Act (1982), which provides for several categories of lease including tourism, forestry, mining and agriculture.
At Yawha & Associates, we understand the many, varied, and ever-changing laws and regulations pertaining to our environment.
ESTATE LAW
We are experienced in the drafting of living trusts, advising clients on how their estates should be managed, preparing wills and ensuring that your assets won’t be attached by your beneficiaries’ creditors posthumously or nefariously.
FAMILY LAW
We understand that there are times in all of our lives when things don’t turn out as we had hoped. At Yawha & Associates we are here to help you deal with any family-related issues and domestic relations. We specialise in:
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Prenuptial Agreements
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Divorce
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Child Custody
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Adoptions
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Child Welfare
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Domestic Violence
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Juvenile Justice Issues
FINANCE LAW
We understand that finances are very important in your everyday life. Things like investing money for retirement or buying real estate are landmark decisions in your life. We are here to negotiate the best possible contract terms to ensure you get a watertight deal.
IMMIGRATION LAW
Vanuatu offers both residency and citizenship programmes. You can become a Vanuatu Permanent Resident under any of the following categories: partner, child, employee, self-funded resident, foreign investor, or land owner. If you reside in Vanuatu as a permanent resident for over 10 years, you will become eligible for citizenship by naturalisation.
In January 2017, the Vanuatu Government launched the Development Support Program (DSP) for the purpose of raising funds to support infrastructure and promoting economic development in Vanuatu. Under the Citizenship Act [CAP 112], candidates may apply for Vanuatu Citizenship by contributions to the Government of Vanuatu.
In 2021, the Citizenship Act [CAP 112], was amended to allow the acquisition of Vanuatu Citizenship through property investment. Commonly referred to as REO (Real Estate Option Program), this program was created maximise economic growth.
Applications for citizenship must be lodged by a designated agent. Yawha & Associates is a Designated Agent and a renowned law firm that offers you a comprehensive and professional service.
INTERNATIONAL LAW
We advise, counsel and represent individuals, organisations and government entities in regards to their legal rights. Our duties involve negotiating contracts, resolving international disputes, handling mergers etc. We have a wealth of knowledge in different legal systems and understand the source of international law.
INTELLECTUAL PROPERTY LAW
We ensure that you maintain ownership over your creations.
We will guide you through the process of acquiring, protecting and using intellectual property such as patents and copyrights.
PERSONAL INJURY LAW
We deliver legal aid and counsel to clients who have experienced injury (mental, emotional, physical) due to the negligence or malpractice of another party. We understand that Personal Injury Law involves intricate research and tight deadlines. Let us represent you, while you concentrate on your recovery.
PUBLIC ADMINISTRATIVE LAW
We believe that public bodies should act in a way which is legal, reasonable and fair. It is our responsibility to challenge maladministration and misuse of power. This area of law is not concerned with the merits or a decision i.e., whether or not a decision was based on a correct interpretation of the law, but rather the process by which a decision was reached.
There is a specific court procedure for challenging the lawfulness of something done by a public body. The procedure is known as Judicial Review and it enables a person to bring a court case to claim a specific legal remedy. We can assist in quashing orders, prohibiting orders or injunctions, mandatory orders and declarations.
REAL ESTATE LAW
Vanuatu real property works within a leasehold tenure system. There is a certain complexity of a leasehold system as opposed to a freehold system.
We are legally authorised to prepare and review documents and contracts related to the sale and purchase of real property.
If you are interested in acquiring real property in Vanuatu, please visit our Preferred Partner Page www.islandproperty.com
