Category: Legal Advice

divorce-proceedings

How to Start 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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estate-planning

Why Estate Planning is so Important

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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shareholder-disputes

Company Shareholder’s Rights to Dispute

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

Finding a Lawyer for your Business

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

Faulty Powers – Challenges to Roadside Drug Testing

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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