Category: Legal Advice

Legal Advice

Why Trespassing Can Be A Shortcut To A Criminal Record

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Trespassing

It may not seem like the most serious offence that a lawyer, such as Criminal Lawyers Perth, may have to represent their client for, but trespassing is a crime and one for which conviction and punishment can leave the offender with a criminal record.

For a first offence, you might be given a fine, or maybe even released on the proviso that you pay a bond, especially in cases where the trespass was not deemed especially serious, and no damage or loss occurred.

However, do it again, and you can expect the penalty to be more severe with probation, community service, and ultimately, imprisonment, all possible punishments.

Hopefully, you are a law-abiding citizen, and never likely to face any of those penalties, but given that a surprisingly large amount of confusion exists with regards to trespassing law, we thought we would help you make sure.

Part of the problem is that trespass law comes under both criminal law and tort law. Tort law relates to civil matters, whereby someone could sue for damage caused due to trespass.  For this reason, many are under the illusion that trespassing is purely a civil matter, and only find out it is actually a criminal matter too, when they are arrested.

The legal definition of trespass is entering private or specified public places without permission unless it was for a legitimate reason. The sort of public places covered by this include schools and health facilities. Private places include private land, homes, and business premises.

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Business Marketing

4 Reasons Why You Should Use A Marketing Expert For Your Law Firm

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Marketing Expert

Online marketing is difficult for anyone. Unlike past times where it was as simple as making an ad and waiting for the results, modern online marketing is super competitive, and it has to be done just right if you want to get a decent return on investment. This is especially true for lawyers and legal advice firms, who have to do things just right if they want to get a decent return on their marketing efforts.

Although it is possible to take charge of your online marketing campaigns yourself, most law firms choose to employ marketing experts to do it for them. There are many benefits associated with doing this, including:

  1. Marketing Experts Are Efficient

Unless you have a lot of marketing experience, you will spend a lot of time trying to get things right if you choose to control your own law firm’s online marketing. However, if you employ a marketing expert, you will be getting someone with experience, who knows exactly what they’re doing, and who will be efficient. This will free you up and will allow you to spend more time on the things that you’re good at.

  1. They Will Be Able To Identify The Best Marketing Streams

If you choose a marketing consultant or agency with a lot of experience and a good reputation, you can be sure that they know what they’re doing. They will be able to identify the best and most profitable marketing streams for you and your business, and they will be able to implement high quality marketing campaigns to make the most of these streams.

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Legal Advice

Creating Effective Co-habitation Agreements

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Co-habitation Agreements

Family law is ever-changing in the modern age we live in.  Statistics show us that 60-70% of people will live together before marriage, particularly for the age from of people falling between 30-44 years old.  Another striking statistic is that co-habitation is increasingly popular among adults over 75 years old.

According to family law experts Davies & Co Lawyers, co-habitation may be referred to in different ways.  You may have heard phrases such as: Committed Intimate Relationships, Non-Married Heterosexual Couples, Non Traditional Cohabitors, or Meretricious Relationships.

It’s important when considering a co-habitation agreement to understand the different types of agreements and that courts generally treat them like contracts.  You may also have heard of these agreements under other names, such as:  Written Agreements for Support, Written Partnership Agreements, or Non-Marital Agreements. There are generally three types of agreements: Implied, Oral, and Written.  Jurisdictions vary on whether they will recognize oral co-habitation agreements, although many do.  Some will only recognize agreements entered into in writing.  It’s important to understand what the courts in your jurisdiction require.  Some jurisdictions will not recognize an implied cohabitation agreement.

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Legal Advice

Shareholder Disputes can Lead to Protracted Court Battles

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Shareholder Disputes

Early Valuations can put you in an Empowered Position

Shareholder disputes are more common than we like to think and often prove disruptive to a business; in fact, it would be fair to suggest that a serious dispute can bring a successful business to its knees. Expert commercial lawyers can help perform early valuations and this helps pave the way for quick and efficient resolutions. Independent valuations of your shareholdings can strengthen bargaining power and there is higher likelihood of getting what you deserve. There can be several circumstances that can lead to a shareholders dispute. Differences of opinion may arise between the parties involved and the dispute could involve:

  • Shareholders and directors of unlisted companies
  • Shareholders and directors of proprietary limited companies
  • Partners in a business partnership or trust
  • Conflict between controllers of a business entity regarding management, finance, operation or other issues

At the core of any shareholders’ dispute is usually a struggle for control as well as the resultant benefits that can be expected from the control. Shareholder disputes may arise due to relationships gone sour, differences of opinion regarding succession, operation, finance or families could be mired in a dispute for future control of the business. At times, when shareholders fall out, they may complain of unprofessional handling of company affairs or even allege fraud. In such cases, it’s always better to seek efficient legal services in order to explore methodical and systematic solutions to legal problems.

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Legal Advice

Australian Family Law and Major Legal Problems of the Field

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Family Law

The two cornerstones of Australian family law are a marriage and de facto relationship, including same sex relationship. The ultimate significance of a marriage and de facto relationship as the underlying fundamentals of Australia’s family law lies in the fact that these two types of family related states and interactions give birth to a wide array of legal issues that can be resolved only in the framework of family law. Most typical and important legal issues and thus topics of Australia’s family law include divorce, child support, spousal maintenance, property division, household content division, allocation and adjustment, parenting arrangements, adult child maintenance, etc.

Robinson Lawyers advise that the majority of the aforementioned legal issues, with the exception of child support, are regulated by Australia’s Family Law Act. This Act is a piece of federal legislation, which is enforceable in all states and territories of Australia. The Family Court of Australia and the Federal Magistrates Court exercise subject-matter jurisdiction under the Family Law Act. However, it needs to be mentioned that Western Australia has established its own Family Court, irrespective of the fact that the state also applies federal law to regulate the aforementioned legal issues. On the other hand, the issue of child support is regulated through child support schemes.

According to Family Law Assist, divorce is the first and foremost legal issue encountered in the framework of Australia’s family law. It is extremely interesting to note that Australia has enacted a no-fault divorce legal regime. This implies that fault/guilt of either of the spouses is not taken into consideration by the court when deciding a case of divorce. The Family Law Act of Australia makes it crystal clear that the only ground for divorce, also defined as the dissolution of a marriage, can be a situation when the marriage ‘has broken down irretrievably’. The question is how to prove the irretrievably of breaking down of a marriage. The answer is that the irretrievable breaking down of a marriage can be established by virtue of the fact that the parties have separated and lived apart for at least one year. As soon as the aforesaid ground is established, the court will grant divorce. The major legal point in this area is that the court may decide not to grant divorce if it is not satisfied that necessary arrangements have been made by the parents in respect to their children.

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Legal Advice

Understanding of Shareholder and Partnership Issues

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Partnership Issues

Looking for Clarity and Greater Understanding of Shareholder and Partnership Issues? Dedicated Lawyers can you Assert your Rights

Setting up and operating a business can be an exceedingly complicated process. Dedicated commercial lawyers  and legal advisors can help you set up partnerships, obtain clarity on shareholder disputes and resolve legal problems related to business agreements. The success of a new venture often depends on greater understanding of the legal ground rules that govern business operations in Australia. In the beginning, most partners (who may also be family members or friends) are excited and enthusiastic about the prospect of getting a successful business off the ground. However, it is crucial to have written contracts drawn up so that partners can explore the future vision of the company within the proper legal framework.

One of the most significant building blocks for a successful venture is a written and well-structured shareholder’s agreement. A well-prepared and comprehensive shareholder’s agreement helps the business run smoothly. The experts at lawandstuff.net has told us, a shareholder agreement is especially useful in the event of a dispute or difference in opinion or even in case of doubt. Although the contents of shareholders’ agreements would vary across businesses, the following list typically describes some important information that is usually included in general:

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Legal Advice

Purpose of Criminal Law in Australia

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Criminal Law

The overarching purpose of criminal law in Australia is to bring about and enforce criminal sanctions, also known as penalties, such as imprisonment or fines, with regard to individuals whose behaviour is considered not merely unacceptable enough to deserve punishment by the state, but also socially dangerous. The key specificity of Australian criminal law stems from the fact that it originated from both common law (case law) and legal statues enacted by the legislatures, including, for instance, such statutes as the Crimes Act 1900 (NSW).[1] In Australia, criminal law belongs to those domains of law that are largely controlled by the states, rather than by the federal government, notwithstanding the fact that there is a growing number of criminal law provisions enacted by the Commonwealth government as well, such as the Anti-Terrorism Act (No. 2) 2005 (Cth).[2] Here, it is extremely interesting to note that the federal system of Australia has it own criminal law enforcement agency, the Australian Federal Police.

As the foregoing discussion must suggest, most of the criminal statutes in Australia originate from English criminal law, though Queensland originally rested its system on the nineteenth-century Code of India. Criminal statutes not merely define what constitutes a crime and cover the relevant penalties and sentences for diverse criminal offences, but also regulate issues of criminal procedure and evidence. In addition to this, certain specific statutes, such as the Corporations Act 2001, or laws pertaining to transport, roads or environmental protection, tend to prescribe sanctions for specific offences committed in particular areas of social relations.[3]

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Legal Advice

Estate Planning for Small Business Owners

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Estate Planning

Everyone should make plans for their family should the unthinkable happen. This is not difficult, especially when you have an estate planning solicitor to guide you. Making a Will is an essential part of it, although there can be much more to it. But for those who own a business it is a little more complicated because they have to decide what they want to happen to the business and those who work in it, then implement steps to ensure it happens.

If the business is a partnership or has several owners, there must be plans to ensure they are taken care of. One way to do this is to draw up a legally binding buy-sell agreement. This will outline what you want to happen if a partner or co-owner dies, decides to leave or is forced to leave for some reason.

In the agreement will be details about

  • who can purchase his or her share of the business
  • under what circumstances such as retirement, death or disability and
  • what price they should pay such as market value, percentage and so on.

You should also discuss it with your lawyer or legal advisor who will be able to advise you what options are available and how to implement them, what to put in your estate plan and what common estate planning mistakes you should avoid. For instance you could sell the business, close it down or hire someone else to run it as you get older and find it more difficult to keep up the pace.

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Legal Advice

The Impact of Litigation on Small Business

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Litigation-on-Small-Business

If you have a small business, litigation lawyers giving legal advice will tell you it is absolutely essential to take out insurance against litigation. You may think that litigation only happens to other people and it is not likely to happen in your business, but this is not so. Accidents can happen to anyone at any time and if someone on your premises or on your payroll is injured or worse, litigation is likely to be the outcome.

In fact, even if you do have enough insurance to cover the costs involved in a litigation suit, there are many other factors involved that money cannot help.

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Legal Advice

Property Settlements With Divorce

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Property-Settlements-With-Divorce

If you have gone through recent divorce, you will need to think about fair and equitable property settlements if you and your ex have any property. Even the family home may need to be sold so that the proceeds can be shared fairly. Divorce lawyers such as Robinson Family Lawyers can give you a lot of advice regarding property settlement after your divorce.

In fact, you don’t have to wait till the divorce is finalised before working out the details of property settlement. That said, often a divorced couple will not be able to agree on what is fair and just, so the court has to decide. It’s a good idea to try Family dispute resolution in order to reach a fair decision as this is much quicker and it costs less.

If it goes to court then the court costs will have to be deducted from the whole before a settlement can be made, so each one will get less. Besides which, the process can drag on for 18 months which most people find extremely stressful, especially with all the other considerations that are going to take at least some money to achieve. There is the cost of moving, accommodation and even food and medical expenses that have to be met. If you don’t have much money this can be very difficult, especially with children to care for.

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Legal Advice

Binding Financial Agreements Explained

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financial-agreements

When it comes to the breakdown of a relationship there must be a fair and equitable division of assets and debts. Legally, this is called a binding financial agreement, though it is often known as a ‘pre-nup’. Family lawyers like Culshaw Miller can help in establishing a pre-nup and in advising about the division of assets if there is none.  In some cases this can be done quite easily between two people who separate amicably, but very often it has to be taken to court for a legal decision to be made as the two parties cannot agree on a fair division.

If it can be settled out of court it avoids the cost of court proceedings and just as importantly saves time and stress. Court proceedings are known for their slow movement forward and this can certainly add to the stress of the whole business of divorce. However, the reality is that a divorce is often accompanied by bitter feelings, which get in the way of any decisions that could be considered fair.

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Legal Advice

How to Start Divorce Proceedings

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divorce-proceedings

If your relationship has been breaking down for some time and you cannot see any way to restore it, you may want to consider starting divorce proceedings. Once you would have had to see a family lawyer like Accelerate Family Law, but these days a divorce can be applied for online. However, you must realise that nothing else except the dissolution of the marriage will be settled. Custody of children and division of assets are another matter entirely.

It is important that the divorce is written well and is thorough because we often get asked “what can I do if my ex-partner refuses to let me see my children?” – so making sure this is covered is of the upmost importance.

You can still consult with a lawyer first if you want to. He or she will be able to explain some of the things that you need to know or are not sure of, especially how the law will apply to your situation. They can even do the application for you. However, many people simply apply for a divorce online. A fee also applies, that must be paid online if this is the route you decide to take. The fee is $865, but you may be eligible for the reduced fee of $290.

In some cases a couple decide to both apply for a divorce online. If this is the case, both are considered to be the applicants, while if only one of you applies, the other one becomes known as the respondent, for legal purposes.

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Legal Advice

Why Estate Planning is so Important

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estate-planning

If you have any major assets, then getting estate planning legal advice from a family lawyer like Robertson Hayles should play a major part in your life, especially as you get older. If you die intestate – without a will – your assets will not go to your loved ones in the way you want. In fact, there might be very little left of your estate by the time it is released by the government.

Have your say

There are many reasons why estate planning is important, and why using an estate planning or Perth Wills Lawyer will benefit you and your heirs. No one knows what the future holds for them. We may hope to will live to a ripe old age, but even so, the end will eventually come. And it is increasingly likely that accident or disease will have a hand in an earlier release from this life.  While few people like to think about it, wiser ones work to get everything in hand so that their loved ones are less traumatised by their passing and their assets are safely distributed the way they have chosen.

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Legal Advice

Company Shareholder’s Rights to Dispute

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shareholder-disputes

Those who own shares in any proprietary company (which means it has a “Pty Ltd or P/L in the name”), might have right that they are not aware of. This could include the right to access certain information regarding the company. It could also include the right to ask the company to hold a meeting of its members, which would be done under specific conditions.

Any company that does not follow through in providing what shareholders are entitled to, might be subject to dispute between members and the company, including the directors which could require experienced commercial lawyers to sort out. Some of these disputes about rights might include the following:

  • Not enough general meetings.
  • A company not acting in the best interest of the members.
  • Not providing access to the company’s register.
  • Legal action being brought against directors by members.

The constitution of a company details what the company has the right to do, and what it is obliged to do, including the rights and obligations of directors, officeholders, and members. In this manner, the constitution works similarly to a contract, but a breach of it is not a criminal offence. Private actions must be taken in order to enforce this contract. Disputes need to be settled by the parties, but the court system can be involved when this fails to happen.

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Legal Advice

Finding a Lawyer for your Business

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rosenet-ca.org Finding an Attorney for your Business-min

There’s a common thought that business owners have. They think that they can deal with clients on legal issues and still not need a Lawyer; well, the truth is that this false belief can be a bane for them. So let’s talk about how to find Lawyers.

Where to look for a Lawyer?

Referrals

Yes, this can be an easy method to find a Lawyer. All you have to do is ask your family members or friends. However, you have to be careful here. Your friends and relatives may suggest you an attorney who is not really specialised in these matters. Watch out for that, you don’t need an attorney who doesn’t know the tools of the trade.

Looking Up Online For a Lawyer

Here, if you decide to go on the internet to find a Lawyer, something like Upwork can be of great help. But beware! A fancy profile can be deceiving. Look up for an attorney who is in your state. Go to their LinkedIn profile and read more about them and also find out the reviews on them by other clients. You don’t want all of it to be a disappointment. It’s advisable to schedule a meeting with the chosen candidate before finally selecting them.

Avvo and Lawyers List are great sources to find lawyers too. All you have to do is ask a question here. If a lawyer from your region answers, you can view his or her profile, then you may decide on a meeting and if things go well, you have struck a deal.

Interviewing a Lawyer

Experience: Now experience matters. If your lawyer is little informed about your business, you will just be wasting some precious time. So make sure that you ask your attorney the questions related to your business and expect answers for the same. This will ensure that the person you have chosen knows and understands the work.

Understanding the Goals: This now is an important part. During the meeting, state your goals clearly and ask for the Lawyer’s view on the matter. This will help you to know and understand your Lawyer in a much better way and you can clear a lot of things ahead of time.

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Legal Advice

Faulty Powers – Challenges to Roadside Drug Testing

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rosenet-ca.org Challenges to Roadside Drug Testing-min

Most states and territories have “declared war” on drug driving in the last couple of years. New South Wales is presently leading the charge by announcing that by 2017 they will increase the number of roadside tests to 200,000.[1]

Our alcohol driving laws have been around for many years and there are now enormous amounts of data regarding its effect on driving, blood concentration levels that give rise to impairment and the likelihood of being involved in an accident.

This pervasive concept inherently coaxes us to evaluate the drug driving laws by similar standards.  Unfortunately, the policy behind these laws and the manner in which they are being enforced is not at all like alcohol driving laws and consequently we must assess them from other perspectives or consult experienced criminal lawyers for legal advice.

Each state and territory has now enacted some form of roadside drug testing legislation.  However, the incidence of that legislation and the now increased focus on enforcing it has not been complimented with any educational material or even a consistent approach.  Some commentators say the reason for this is that it’s merely a campaign against drugs cloaked as a road safety campaign.

That is an interesting conundrum because users who are prosecuted for drug driving do not ordinarily face criminal charges for possession or use of illegal drugs; and yet the possession and use of the drugs that are tested for is itself a crime.

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