Family Law

Australian Family Law and Major Legal Problems of the Field

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.

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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Partnership Issues

Understanding of Shareholder and 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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Criminal Law

Purpose of Criminal Law in Australia

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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Digital Agency

The Benefits of Using a Professional Digital Agency

Digital agencies are becoming more and more common to cater for the needs of a growing internet. Getting your site out there and having your content read is getting harder and harder as the years go by, which means that it is getting more and more beneficial to have an expert coordinate your digital marketing efforts.

It is no longer as simple as running a few internet ads to drive visitors to your website. The types of advertising are endless (think SEM, SMM, PPC, etc…), and each one requires special skills to have full effect. Consider the following benefits that are associated with hiring a professional digital agency to take care of your digital marketing campaigns, and think about whether you need to hire someone.

A professional agency will have skills that you don’t:

Unfortunately, the various types of digital marketing can take years to master. There is absolutely no point wasting your time learning about each one. The chances are that you will never be as good as a professional, and that your website will suffer as a result.

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Web Hosting

Why is it Important to Use a High-Quality Hosting Service?

Online and internet based businesses are becoming more and more common in the modern world. The rise of the digital age has opened up countless opportunities for people with an entrepreneurial mind, and they are really only limited by their imaginations.

More people than ever own and run their own websites. Some of these are designed to generate a profit, while others are simply run as a hobby. A high-quality web hosting service is extremely important for maintaining the health of your website, no matter what its purpose is. There are many reasons why you need to use a high-quality hosting provider for your website, including:

Cheap servers may experience a lot of downtime:

If you own a business website or a site that is designed to generate a profit, then you want it to be online for as long as possible. Unfortunately, cheaper web hosting providers often cram way too many sites onto a single server, which often leads to the server crashing. This means that your site won’t be online for long periods at a time, and can negatively impact your traffic numbers in a big way. Higher quality hosting providers will do things properly, which means that your site will nearly always be accessible and that you won’t have trouble with too much downtime.

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Estate Planning

Estate Planning for Small Business Owners

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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financial-advisor

How Financial Planners can Keep You Grounded

Every business should have a good financial planner on board to guide the owner through the financial maze that is inherent in every business. A financial advisor can work with you right from the start to help create the financial section of your business plan; something that any lender will want to see before they make that important lending decision.

According to well known financial planner Andep, when you have your financial planning sorted out, you can see at a glance whether your business concept is truly viable – and so can the lender. While it might seem obvious to anyone starting up a business that it is essential to be sure before you start that the business is viable, when you are possessed by a cherished dream to have this particular business you can often get carried away and think things will be much better than they end up being.

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Litigation-on-Small-Business

The Impact of 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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Hairstyle

What Your Hairstyle Says About You

If you are in business, it is imperative to dress the part and make yourself as attractive as possible. Some people choose to do this with Botox treatments, while others pay more attention to their makeup and hairstyle. Certainly, if you have pronounced wrinkles, Botox can help smooth them away and give you a younger look. There are other ways to make the most of yourself and one of these is to ensure your hairstyle really suits the shape of your face.

Making the most of yourself may include using Botox injections to reduce facial wrinkles, but if you keep that tired old hairstyle, you still won’t look your best.

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Property-Settlements-With-Divorce

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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