Australian Legal Matters for Thai and Thai-Chinese Families and Businesses: Cross-Border Estates, Victorian Property, Family Wealth and Visas

Thai and Thai-Chinese families and business owners have close ties with Melbourne: some have bought an apartment for a child at university, some have parents who left property in Victoria, some have funded a child's home or business in Australia, and some companies are preparing to enter the Australian market; many Thai professionals and couples also come to us for work and partner visas. These matters are usually high in value and span two legal systems. Chua Tan Associates has acted for Asian families in Melbourne since 1990. We handle these matters by video in English, Mandarin or Cantonese, and work alongside your lawyers, accountants and private bankers in Thailand.

The direct answer:A Thai court order or Thai will alone generally cannot transfer Victorian property or close Australian bank accounts. Thailand is generally not among the jurisdictions whose grants can be resealed in Victoria, so a separate grant from the Supreme Court of Victoria is usually needed. Thailand joined the Hague Apostille Convention on 30 June 2026, but the Convention takes effect for Thailand only on 28 February 2027. Until then, documents passing between the two countries still go through the legalisation process.

Key points

Victorian assets of a deceased Thai resident usually need a separate Victorian grant.
Until 28 February 2027, Australian documents for Thailand are authenticated by DFAT and then legalised by the Royal Thai Embassy or a Thai consulate; the Embassy does not currently accept apostilles.
Thai residents buying Victorian residential property are generally foreign persons: FIRB approval, the ban on buying established dwellings (1 April 2025 to 30 June 2029) and Victorian surcharges apply.
Australian family courts can consider worldwide assets, including Thai land held through companies.
Australian superannuation generally does not follow your will; it depends on the beneficiary nomination.
We act for many Thai clients on partner visas, and for professionals on 482, 186, 494 and skilled visas.

Victorian property: ownership, surcharges and selling

Our property work is limited to Victoria. When buying Melbourne property for a child, whose name it is held in matters a great deal: it affects foreign purchaser additional duty and land tax surcharges, what happens when the child graduates or marries, how the asset is treated if the child later separates, and who controls it if you or your child dies. Overseas owners may also pay the absentee owner surcharge each year, and a home left empty for more than six months in a year may attract vacant residential land tax.

On a sale, foreign resident sellers generally have 15% of the price withheld at settlement and paid to the ATO, unless a variation is obtained first. Property funded by parents but registered in a child's, sibling's or partner's name is common in Thai-Chinese families; when the relationship breaks down or the registered owner dies, who really owns it depends on the evidence of what was intended at the time. We also act on significant commercial and development acquisitions and off-the-plan settlement disputes.

Wills and estates: making Thai and Victorian wills work together

Families with substantial Victorian property, Australian shares or bank accounts usually benefit from a separate Victorian will that deals only with Australian assets, with revocation clauses drafted so the later will does not accidentally revoke the earlier one. A testamentary trust in the Victorian will can protect a child's inheritance from the child's own divorce, business failure or other risks.

Where a family member dies in Thailand leaving assets in Victoria, a separate grant from the Supreme Court of Victoria is usually needed, supported by translated and authenticated Thai documents. We act for executors in Bangkok or elsewhere through the whole administration, without them needing to travel to Australia. We also act in estate disputes, including family provision claims, challenges to a will's validity, and applications requiring an executor to account. Strict time limits apply.

Family wealth, trusts and succession

Many wealthy families hold Australian assets through family trusts, companies or in their children's names, and over time these become hard to control and expensive to unwind. We review the whole structure and identify risks on death, divorce, incapacity and tax before they arise. When a child marries or lives with a partner in Australia, parents' money for a deposit or a business can become part of the couple's property pool if they separate. Documenting it as a loan, or a binding financial agreement, can protect family money.

When the next generation settles in Melbourne or Sydney, succession in the family business becomes a cross-border question: who will run it, who will own it, and how the family's Australian assets fit in. Our principal, Justin Chua, is an Accredited Family Business Advisor and a nationally accredited mediator, and helps families plan these transitions before disagreements become disputes.

Family law across Thailand and Australia

A divorce can be sought in the Federal Circuit and Family Court of Australia if either party is an Australian citizen, is domiciled in Australia, or has ordinarily lived in Australia for 12 months before filing. In a property settlement the Australian court looks at both parties' worldwide assets, including Thai land held through companies, family business shares and overseas accounts. Both parties must give full and frank disclosure, including trusts, nominee holdings and transfers to relatives. Property applications must generally be made within 12 months of a divorce order.

If one parent wants to move children between Thailand and Australia after separation, the other parent's agreement or a court order is needed. We act in high-asset and cross-border property and parenting matters, and resolve them confidentially through mediation or arbitration where appropriate.

Thai businesses in Australia and commercial disputes

A Thai company entering the Australian market can set up an Australian subsidiary or register as a foreign company carrying on business in Australia, which requires a local agent. An Australian proprietary company must have at least one director who ordinarily lives in Australia, and each director needs a Director ID. We also act in shareholder and unitholder disputes, 50/50 deadlocks, stalled property development investments, recovery of loans to relatives and friends, and employee claims. A Thai court judgment generally cannot simply be registered and enforced in Australia, so a fresh Australian claim is often needed; where the contract has an arbitration clause, an award may be enforceable more directly.

Partner visas: Thai partners and complex cases

We act for many Australian citizens and permanent residents sponsoring Thai partners, including offshore partner visas (subclass 309/100), onshore partner visas (subclass 820/801) and prospective marriage visas (subclass 300). Partner visas are decided on evidence: your finances, your household, how others see your relationship, and your commitment to each other. Common issues in Thai partner cases include meeting online or a short relationship, living apart for work, family and cultural arrangements (such as separate finances or living with parents) that need explaining, and Thai-language evidence that needs translating.

We also handle more complex cases: earlier refusals or cancellations, a sponsor who has sponsored a previous partner (generally no more than two partners in a lifetime, and five years between sponsorships, unless there are compelling circumstances), an applicant in Australia on a visitor or student visa with condition 8503 "No Further Stay", the section 48 bar, no current visa, or a large age gap. If the relationship ends before the visa is granted, or there has been family violence, some applicants can still continue towards permanent residence. We prepare statements and supporting documents in English and keep the evidence consistent.

Skilled and employer-sponsored visas for professionals

Many Thai professionals obtain Australian visas and permanent residence through work. Common pathways include the Skills in Demand visa (subclass 482, including the Core Skills and Specialist Skills streams), the Employer Nomination Scheme visa (subclass 186, Temporary Residence Transition and Direct Entry streams), the regional subclass 494 visa followed by the subclass 191, and skilled visas (subclasses 189, 190 and 491). Each pathway has its own requirements for occupation, salary, work experience, age, English and skills assessment. Assessing bodies include Engineers Australia, CPA Australia or CA ANZ, the ACS and VETASSESS, and health professionals also need AHPRA registration.

Engineers, IT professionals, accountants, nurses and other health professionals: skills assessment, registration and visa timing must line up.
Thai chefs and hospitality managers: Thai restaurants commonly sponsor chefs, but Home Affairs closely examines whether the position is genuine, whether the salary meets the market rate, and the difference between the Chef and Cook occupations.
482 holders preparing for a 186: time with your sponsor, changing employers, your employer being sold, and the age 45 limit can all affect your PR timeline.
Thai students on a 485 Temporary Graduate visa or a 500 Student visa: plan the next step before your visa expires.

We also act for employers: becoming an approved sponsor, nominating positions, labour agreements, meeting sponsor obligations and responding to Departmental monitoring. A Thai company that has set up an Australian subsidiary can also transfer managers and specialist staff on 482 visas.

Other visas and appeals

The business innovation and investor (188) visa has closed to new applicants; people with internationally recognised achievement in business, research, medicine or the arts can assess the National Innovation visa (subclass 858). We also handle parent visas, visa refusals and cancellations, appeals at the Administrative Review Tribunal and judicial review in the Federal Circuit and Family Court, and Resident Return visas for Australian permanent residents who have lived in Thailand for years. Our team includes two Accredited Specialists in Immigration Law, and many of our immigration results are published on AustLII.

Signing and authenticating documents

Until 28 February 2027, Australian documents for use in Thailand are generally notarised where needed, authenticated by the Department of Foreign Affairs and Trade (DFAT), and then legalised by the Royal Thai Embassy in Canberra or a Thai consulate. Thai documents for use in Australia generally need certification by Thailand's Ministry of Foreign Affairs and an English translation, and courts and government agencies usually require a NAATI-certified translation. Victorian property, estate and company documents signed in Thailand have specific witnessing and identity verification requirements, so confirm them before signing. From 28 February 2027 many public documents will need only an apostille. Our firm includes a Notary Public and handles the full process.

Practical matters and fees

Bangkok is 3 hours behind Melbourne, or 4 hours during Melbourne daylight saving. The first consultation is a paid 30-minute video consultation for A$330, credited to your first invoice if you go ahead. Once we understand the matter and have seen the documents, we quote a fixed fee for further work. Before the first consultation, please prepare:

Copies of your passport and any Australian visa details.
A list of Australian assets: Victorian property, bank accounts, shares, superannuation and company shares.
Existing wills (Thai and Australian), trust documents and any Thai court orders.
Company information: shareholding and the proposed Australian business.
Family law matters: marriage certificate, separation date, assets in both countries and any court papers.

Frequently asked questions

Can a Thai court order be used for Victorian property?

Generally not directly. A separate grant from the Supreme Court of Victoria is usually needed, supported by translated and authenticated Thai documents.

Can Australian documents be apostilled for Thailand now?

Not until the Convention takes effect for Thailand on 28 February 2027. Until then, documents generally need DFAT authentication followed by legalisation by the Royal Thai Embassy or a Thai consulate.

Can my Thai will deal with my Melbourne property?

It may be formally valid, but using it to obtain a Victorian grant is more complicated. A separate Victorian will dealing only with Australian assets, coordinated with the Thai will, is usually recommended.

Will an Australian court consider our Thai assets in a separation?

Yes. An Australian court can consider both parties' worldwide assets and make orders against the parties; whether those orders can be enforced in Thailand is a separate question that needs planning.

Can I buy an established home in Melbourne from Thailand?

Generally not: foreign persons are generally banned from buying established dwellings from 1 April 2025 to 30 June 2029, with limited exceptions. New dwellings, off-the-plan apartments and vacant land can generally still be bought with FIRB approval.

My Thai partner is in Australia on a visitor visa. Can they apply for a partner visa onshore?

Possibly, but many visitor visas carry condition 8503 "No Further Stay", and applying without a current visa brings extra criteria. Get advice before lodging so the application is not invalid or refused.

Can my Thai restaurant sponsor a chef from Thailand?

Possibly. The restaurant must be an approved sponsor and nominate an eligible position, with a salary that meets the threshold and the market rate. Home Affairs closely examines whether the position is genuine and whether the business really needs it.

Contact us

Call +61 3 9602 3988 or book a paid 30-minute video consultation (A$330) online, letting us know where you are and what you need help with. We will arrange a time that suits your time zone, in English, Mandarin or Cantonese.

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This page is general information only and is not legal advice.