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We offer unique combination

of knowledge and experience

of the team working

in different legal systems,

culture and business conditions.

We are all visitors to this time, this place. We are just passing through.

Our purpose here is to observe, to learn, to grow, to love… and then we return home.

~ Australian Aboriginal Proverb

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At the base of the brain, our most primal brain structures are responsible for fight or flight and meeting basic human needs. The need to find food, shelter and a mate and keep us alive. It is always asking “Am I safe?”

Heather Murphy

Forbes Councils Member

 

ABOUT US

CAP Lawyers runs offices in Poland, located in Warsaw and Australia in Sydney.

We offer unique combination of knowledge and experience of the team working in different legal systems, culture, and business conditions.

We work for individuals, entrepreneurs and business at the meeting point of two different legal systems: Civil and Common Law. We successfully implement cross-border projects that require specialist knowledge of various domestic and international legal concepts. 

Cap Lawyers has modern and progressive approach to law, our practice and how our firm is run.


We believe that law must conform and change as we change and for this reason, we constantly challenge the core and limits of legal concepts. 

We believe that a law should not be a self-referring construct of pure geometry, but a social process that deals with human activity, with cause and effect, with the past and the future. Making a real connection and building trust with our clients and colleagues is at the core of our philosophy. We are humans talking to humans.

To satisfy the demands of business growth on the global scale, we established cooperation with local law firms in various countries. We also actively cooperate with mediators, tax agents, sworn translators, liquidators, and receivers both in Australia and in Europe.

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human 

talking

to human

OUR TEAM

Iwona Pruszynska

Solicitor

Iwona has gained significant commercial and business experience both within the European Union and Australia. In the years 2000 -2003 she occupied the position of the lawyer of the Office of Competition and Consumer Protection, having been the author of key antitrust decision against, among other things, National Health Fund in the media case on the application of the Supreme Chamber of Nurses and Midwives, within the "Orlen" JSC capital group and in the case of the President of the OCCP against TP SA. She has also been the co-author of the draft regulations implementing to Polish system EU law on competition and consumer protection. She was a member of several legal trainings conducted by the Office of the Prime Minister, Directorate-General for Competition of the European Commission in Brussels, and the French Competition Authority in Lyon. 

In 2002, the Chairman of the National Chamber of Tax Advisors has entrusted her to establish and operate the Chamber Office and 16 of its branches. Within the operation of the National Chamber of Tax Advisors supervised and directed the work of the Board on legal advisory projects over tax legislation. She was responsible for the continued cooperation with the Ministry of Finance and the Financial and Tax Committees of the Polish Parliament. 

Since 2005 she shares her private and professional life between two continents, Europe and Australia.

In the years 2007-2012 she was associated with an Australian law firm Grace Lawyers Pty Ltd, where she was involved in bankruptcy proceedings and debt recovery for companies operating within the Australian market.

 

Since 2012 she manages CAP Lawyers and is engaged as a Polish and International law consultant to Knap Lawyers of Sydney and Concordia Law Office of Katowice.

 

Practice area:

  • Polish and Australian Wills,

  • Estate and Probate Matters

  • Polish and Australian Family Law

  • Family Provisions

  • Cross border Debt Recovery

  • International Commercial Law

  • Polish and Australia Consumer

       & Competition Law

  • Cross border Dispute Resolution

       & Litigation

 

Qualifications:

Graduate Diploma

of Legal Practice (GDLP)

(The Australian National

University, Canberra)

Admitted as a solicitor of the

Supreme Court of New South Wales

Postgraduate diploma in International Law (Sydney University, Sydney)

Master of Laws

(The Silesia University,

Katowice, Poland)

Master of European Law

(Lodz University, Lodz, Poland)

 

Professional bodies:

The Law Society of New South Wales

Law Council of Australia,

The International Law Section

 

Languages:

Iwona is fluent in English and Polish

Pawel

Knap

Australian law consultant

of Knap Lawyer

Pawel has gained significant commercial and business experience both internationally and in Australia as the commercial advisor for one of the leading franchisees.  He takes pride in assisting clients from culturally and linguistically diverse backgrounds. 

 

Pawel has established his role in achieving outstanding results for his clients. He was an active member of the legal team at Drexler Litigation Lawyers that was successful in the High Court precedence case of Gnych v Polish Club Limited [2015] HCA 23

In Cap Lawyers he is responsible for dealing with Australian corporate and individual clients.

Qualifications:

Graduate Diploma

of Legal Practice (GDLP)

(The College of Law, Sydney)

Bachelor of Laws (LLB)

(Western Sydney University) 

Admitted as a solicitor of the Supreme Court of New South Wales and The High Court of Australia 

 

Professional bodies:

 

The Law Society of New South Wales 

 

Languages:

Pawel is fluent in English, Polish

and Russian.

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Monika

Pruszynska

Polish law consultant of Concordia Solicitors, Certified Mediator

Monika has graduated from University of Silesia in Katowice, Faculty of Law. She completed practical legal training (PLT) with the Silesia Bar Association in Katowice and has been admitted a Solicitor in 2009.

Monika specializes in comprehensive corporate legal services for business entities, including listed companies, in particular in the mining industry. In cooperation with Cap Lawyers, she conducts and coordinates the implementation of projects and cross border disputes resolution, both in Australia and Poland.

She represents clients in numerous court and court-administrative proceedings. As part of her professional practice, Monika focuses on indicating alternative ways of solving client's problems, conducts negotiations in concluding contracts, vindicates claims, conducts legal audits, connects, transforms, suspends, and liquidates business entities.

From 2012, she is a certified mediator.

 
 

PRACTICE AREAS

International Corporate

& Commercial Law

International Corporate & Commercial  Law

Our lawyers coordinate complex transactions, deal with regulatory requirements, advise on tax duality, manage due diligence investigations, and prepare all required commercial documentation. 

 

Our comprehensive range of legal services includes:

  • Buying and selling businesses in Australia/Poland

  • Drafting bilingual commercial contract documentation

  • Intellectual property matters

  • Preparation of bespoke employment contracts and policies for Australian and Polish market

  • Advising on commercial leases

  • Australian company secretarial and registered office service

  • Dealing with disputes and litigation

  • Ongoing commercial advice

Cross border dept recovery

Cross Border Dept Recovery

Registering and enforcing Polish judgments and Court orders in Australia and Australian judgments and Court orders in Poland and other European Union countries;

Mediations and arbitrations

Cross border Wills & Estate

​Cross Border Wills & Estate

 

We advise and assist public trustees and trustee companies as well as executors and beneficiaries of estates with assets in Poland/Australia in the context of private Australian/Polish family and succession matters.

 

We advise those with assets in Australia and Poland, on how to:

  • structure their wills, so that they are completely valid in all relevant jurisdictions;

  • carry out their wishes, in so far as that is possible in the relevant jurisdiction;

  • deliver results in a tax efficient way. 

 

We can draft a single Australia Will to cover

a person’s worldwide estate, or alternatively, where appropriate, draft separate wills to cover Australian and overseas assets, drawing on our knowledge and contacts from around the world.  Owning assets in more than one jurisdiction inevitably leads to conflicts of law which are not always immediately obvious.  For this reason, and to ensure the accuracy and dependability of our advice, we carefully analyse our client’s circumstances and provide them with a comprehensive, bespoke report before we draft their Wills.

 

We also provide legal services in recognition and execution of Australian State or Territory wills and testamentary instruments in Polish jurisdictions.

Family Provision

Family Provision

 

In New South Wales eligible persons who feel that they have not been adequately provided for under a deceased person’s Will can file an application with the Supreme Court for further provision to be made to them.

Contrary to popular belief, the process of contesting a Will is not a quick or necessarily straightforward process. Several criteria must be satisfied before a potential claimant can be successful.

Additionally, many family provision claims can be resolved without the need for a Court hearing in front of a judge. Informal negotiations between parties prior to the commencement of proceedings, as well as a formal mediation process help many estates

in reaching a resolution without incurring the costs of a full day (or days) of Court proceedings.

Cap Lawyers has experience in assisting both claimants and executors in navigating the ins and outs of claims to reach a sensible and agreeable outcome.

Family Provisions & Overseas Asset

Family Provisions and Overseas Asset

 

It is well known that an eligible person can seek an order for provision from a deceased estate in New South Wales.  Less well known is that Court orders for provision can reach across state borders and even overseas.

According to the Australian Bureau of Statistics, nearly 28% of Australians were born overseas. 
It is further believed that approximately

1 million Australians are presently living overseas, some of whom intend to return to live at an undetermined time, some with no intention to return whatsoever.

Therefore, it is inevitable that people will accumulate assets both here and abroad.  This can create more problems if a person’s estate is subject to family provision litigation as the outcome may be determined by the:

  • deceased’s domicile at his or her date of death; and

  • law affecting the transfer of assets in each separate jurisdiction.

If the deceased was not domiciled in New South Wales then the Court will only have authority to make a family provision order if the deceased owned property in New South Wales.

Specialist advice should be sought to reduce the risk of a successful claim against

a multi-jurisdictional estate.

Polish

& Australian Family Law

Polish & Australian Family Law

 

Providing advice to determine which is the most appropriate and beneficial country in which to conduct the case where there are assets in more than one country.

  • Property settlements in Australia and Poland

When a couple owns property in more than one country, property settlements involving assets and income in various countries, including a range of pension schemes and employment incentive schemes can be complex. Outcomes vary depending on whether you're a married or de facto couple. Determining which country's laws apply to your relationship is also an important consideration.

  • Divorce cases when the spouses live in different countries or were married in different country from their permanent residence. 

Marriage and divorce is governed by each nation, as they have sovereignty over domestic unions. If you are geographically affected by different jurisdictions, you may need to address the issue of how, if at all, your marriage has been legally recognised.

  • Separation and spousal maintenance 

  • Cross border Family Counselling and Mediation.

  • Child relocation overseas

  • Child support, including enforcing payment from overseas parents and child support agreements.

  • Parenting arrangements where parents live in different countries, often with significantly different cultural issues.

  • Parenting orders;

  • Parenting right

Child Abduction Convention

Child Abduction Convention

 

Hague Convention applications for the return

of children to Australia or Poland.

International law is the set of rules generally regarded and accepted as binding in relations between states and between nations. It serves as a framework for the practice of stable and organized international relations. There are various sources of international law such as conventions, treaties, international courts and organisations. One such convention is the Hague Convention on the Civil Aspects of International Child Abduction. The Convention determines which country's laws are applicable and take precedence; and it provides for collaboration and recognition of other States Children and the law surrounding parenting and custody may be affected by international law. This has developed over the primal importance of and concern for children affected by international law, to ensure the safety of children and that their rights and interest are protected. International law concerning children is motivated by the need to improve the protection of children in international situations, to avoid conflicts between their legal systems in respect of jurisdiction, applicable law, recognition and enforcement of measures for the protection of children. 

A qualified Family Lawyer may be able to assist you throughout any Family Law matter that is affected by or is caught within the ambit of the convention. The Hague Convention also extends to cover unaccompanied minors and Cross-frontier placements of children.

Cross border Dispute Resolution and Litigation

Cross border Dispute Resolution and Litigation

Our team has wide ranging experience of cross-border disputes and international litigation.

Conflict of Laws

Conflict of Laws

 

Assistance is offered to resolve Australian - Polish, Australia - European Union law conflicts.

Polish Passports & Visas

Polish passports & visas to Poland

Pro Bono

& Human Rights

Pro Bono & Human Rights

 

Cap Lawyers is a strong supporter of pro bono work. We provide free legal services to address unmet legal need, and to ensure access to justice for most vulnerable. We strive to make

a positive difference for our community.

 Our Pro Bono practice primarily focuses on:

- Advice and litigation services for victims of 

  domestic and child abuse, 

- public interest litigation;

- Polish/Australian constitutional law, 

- Polish/Australian wills and estates, 

- Australian administrative law, 

- Polish/Australia dispute resolution and

  strategic litigation.

 

We also provide a range of pro bono services such as community legal education, law reform and research work. We are Human Rights advocates.

 

MEDIA

PRESS:

 

1. Mahomet a oblicza wolności - Publikacja rp.pl - Iwona Pruszyńska

2. Iwona Pruszyńska: Australijski sędzia pokoju nie dla Polaka - Publikacja rp.pl - Wywiad

3. Australia narodziła się przy urnie, nie na polu bitwy - komentuje Iwona Pruszyńska - Publikacja rp.pl

4. Prawnik Iwona Pruszynska o prawie aborcyjnym: Ostatni konserwatyści z Nowej Południowej Walii - Publikacja rp.pl

5. Koronawirus: epidemia testem dla światowych liderów - Publikacja rp.pl - Iwona Pruszyńska

6. Pożary w Australii: chcą pozwać rząd, bo zawiódł naród - Publikacja rp.pl - Iwona Pruszyńska

7. Na początku było słowo - Publikacja rp.pl - Iwona Pruszyńska

8. Polityka australijskich władz wobec imigrantów - Publikacja rp.pl - Iwona Pruszyńska

9. Emerytury australijskie wypłacane w Polsce - Publikacja Infor.pl - Iwona Pruszyńska

10. Pruszyńska: W mediacji nie ma wygranych i przegranych - Mediacja - Rozwody - Infor.pl

11.  Relacje gospodarcze Polski i Australii. Jak rozpocząć biznes - Opinie - Forbes.pl

12. Czy pracodawca ma prawo delegować pracowników na szczepienia przeciwko COVID-19? - Wprost Business

13. Australijskie sądownictwo online w dobie pandemii - Manager

14. Polskie paszporty atrakcyjne dla Australijczyków - Infor

15. Charakterystyka pracy w zakresie prawa australijskiego i europejskiego – Business Magazine

TV:

 

1. #RZECZOPRAWIE: Iwona Pruszyńska rynek usług prawnych w Australii

2. #RZECZOPRAWIE: Prawnik z Australii o tym jak działają sędziowie pokoju

RADIO::

 

Wywiad radiowy o wizach do Australii

 

OUR OFFICES

Office in Sydney: 

P: +61 02 8036 5530 / M: +61 401952034

   A: Level 5, Edgecliff Business Centre
203-233 New South Head Rd,
Edgecliff NSW 2027

Office in Warsaw: 

    Grzybowska Street 87, 00-844 Warsaw

M: +48 694 790 593

CONTACT US

Thank you!

Liability limited by a scheme approved under professional standards legislation. © Copyright 2020. CAP Lawyers. All Rights Reserved.

Website: Media Forum