Why And How Family Reports Are Produced

Whilst it is true that over 80% of all divorces and disputes that fall under the umbrella of family law are settled amicably, often with the help of family lawyers, it is also the case that some result in an acrimonious court battle. This is especially true when the dispute relates to the couple’s children and matters such as who they will live with and visitation.

Sadly too many parents think that by using the children as a kind of legal bargaining chip they will be able to make a stronger case. Hopefully, they will soon realise that the Family Court is not a casino, and it will ensure that children’s best interests are served as a priority over any demands either parent may make.

To ensure that the principle of ensuring that the child’s best interests are served as per the Family Law Act of 1975, the court will want to have as much information as possible relating to all the matters which it has to decide upon. In order to have this information in a format that encompasses everything which is relevant, it may order that a family report be produced.

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Do You Really Need A Lawyer To Get Divorced?

When an individual’s marriage is seemingly at an end, and divorce would appear to be the next logical step, the automatic assumption is that they should contact a family lawyer from www.familylawassist.com.au to represent them, presumably in light of the fact that their ex-partner has also employed a lawyer.

This often begs the question as to whether you need to have a lawyer in order to get divorced. At the risk of us appearing to want to reduce the number of clients, we might have in the future, our answer if we were ever asked that question would simply be,  legally, you do not need a lawyer to get divorced.

Before we go any further though, it is vital for us to place a huge caveat against that answer and move to a secondary question which is ‘Should you try to get divorced without a lawyer?’, and our answer to that is an emphatic, ‘No, you should not’.

By way of explanation let us look at some facts around divorce and the specific law that applies to it. That law is the Family Law Act of 1975, and it covers not only divorce, but also de facto relationships ending, and many of the legalities that surround how the welfare of children is maintained when their parents divorce or separate.

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Why You Need A Commercial Lawyer If You Are Selling A Business

If you are selling a business the complexities of transaction and the legalities that have to be observed means that it almost certainly going to be essential that you have the experts at Commercial Lawyers Perth to advise on the sale to ensure it completes correctly. The last thing you need is to try and save the cost of a lawyer only to find out you are even more out of pocket because the sale was not conducted properly and falls through.

A commercial lawyer is the person who will handle what some refer to as ‘dotting the ‘i’s and crossing the ‘t’s’ although that unfairly underplays the importance of the role that they have. In effect, they will ensure that everything within the sale agreement is complete, accurate, and most importantly valid in terms of the sale proceeding.

Perhaps the most crucial benefit that they provide you is to eradicate and sort any errors which exist within any sale agreements that have been made between the two parties but not yet audited by a lawyer. They will also fix any problems that they find in the agreement of the type outlined below.

Important Details Omitted

Even the most seemingly simple of business sales need to have certain important details included in the final sale agreement. If any of these are omitted, even if unwittingly,  it can cause delays, invalidate the sale, or it could lead to future litigation due to a crucial piece of information being missing.

Details such as the financial aspects of the sale including the agreed value of inventory and equipment, for example, have to be included. Details of what actual inventory and equipment exist needs to be in there too. If it is not it leaves open the potential for the person selling to claim they were not part of the sale when the buyer believed they were.

Financial Clauses Not Complete

Obviously, the financial details of the business being sold are a core element of the transaction, and therefore it is vital that everything which is relevant to the business’s finances and the sale is included.

The sale agreement also needs to have any financial clauses that exist as part of the transaction such as whether the terms of the sale are for payment in full or an upfront payment followed by the balance being paid in instalments. Another example is where the seller is allowed to retain some shares in the company as part of the deal.

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Can My Boss Force Me to Work if I’m Sick?

Australia has very clear laws surrounding sick leave and the obligations of employers and employees alike. In general, these are very clearly defined and provide adequate levels of protection for both parties.

However, the chances are that you’re here because you’ve been asked to work, despite taking sick leave. In the rest of this article, we’ve outlined exactly what your obligations are here and what your boss can and can’t ask you to do. As always, make sure you speak with lawyers if you have serious concerns that may require legal action.

Can I Be Denied Sick Leave?

To put it simply, no. If you request sick leave, and can provide a medical certificate or other proof that you are indeed ill, your employer has to grant it. There are some conditions where an employee can be dismissed for taking excessive amounts of leave, but this is rare.

In Australia, the Fair Work Act 2009 states that Australian’s have the right to paid sick leave when they aren’t fit for work. This stretches to include both physical and mental illness, as long as you can obtain medical proof.

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Successfully Arguing A Traffic Fine

Attempting to appeal or argue against a traffic fine can be tempting, especially if you truly feel that you haven’t done anything wrong. After all, the police are only human, and it’s possible for them to make mistakes just like anyone else.

If you’re considering appealing against a traffic or speeding fine, you should speak to a criminal lawyer to discuss your options – especially if the infringement that you’re appealing is somewhat serious. Experienced criminal lawyers, such as Criminal Lawyers Perth, will be able to advise you on the best course of action, advising you on the chance of successful appeal and telling you if you realistically have no chance of success. If you need a list of lawyers in your local area, check out Lawyerslist.

Different States Have Different Processes For Appealing Traffic Fines

Australia is a big country, and every state has its own set of road rules and procedures. This means that every state also has its own set of infringements and penalties for each offence, and that the process for fighting an infringement therefore varies with state.

With this in mind, it’s important to always speak with a legal expert to discuss your options. Don’t take advice from the net as concrete, and make sure that you do some research before committing to an appeal.

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What Will Happen To My Pets If I Get Divorced?

Most divorces or separations are complicated, even if the couple split on good terms. Choosing who children get to live with, who gets what property and if either partner has to pay child support can be difficult. However, one of the hardest things for couples who don’t have children is often deciding what happens to their pets.

Luckily, there are precedents that can help you decide which partner gets to keep the pet. However, these decisions aren’t always easy to make. If you and your former partner both want to keep the dog, you may need to employ the services of an experienced family lawyer such as Accelerate Family Law who can help you settle the dispute in the courts.

Pets Are Seen As Property

As much as you love your pets and probably think of them like children, Australian law unfortunately doesn’t see things the same way. Under Australia law, pet’s are seen as property in the family courts, which means that they will be included in any property settlement disputes, as your family law advisers will tell you.

This also means that, unlike for children and dependents, separated couples won’t be awarded ‘share care’ of their pets. If you go through the courts, one partner will be awarded full custody. The only way to have some sort of share care arrangement would be to sort it out informally and amicably. However, if you decide to do this, you should consider whether the arrangement is in the pet’s best interest.

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Are My Personal Assets Separate From My Business?

Starting a new business can be an exciting time, especially if you’re finally doing something that you’ve dreamed of your whole life. However, there are also risks associated with building a business from scratch. Things can go wrong, your business can fail, and you might be liable for a whole range of costs that you hadn’t accounted for.

One of the biggest mistakes that people make when starting a new business is not separating their personal assets from their business. This means that if your business fails, your personal assets will be at risk. It’s always a good idea to speak to an experienced commercial lawyer like www.daviescolawyers.com.au to make sure that you’re using the best business structure for your circumstances, otherwise you could end up with all sorts of unforeseen problems.

Am I Exposed As A Sole Trader In Australia?

Unfortunately yes, you are somewhat at risk as a sole trader in Australia. While there are ways to protect your personal assets, failing to do these places everything you own at risk if you get sued or go bankrupt. There are a few simple things that you can do to protect your major assets, including:

  • Make sure that things like your home and vehicles are in your partners name, not your own. This makes it less likely that they will be targeted if you’re facing legal action or financial problems.
  • Keep your wealth in superannuation. If you’ve built up significant savings over the years, consider putting them into a superannuation account. Generally, super accounts are untouchable and can’t be claimed by litigators or creditors.

These simple actions offer some form of protection, but you can also go further and set up individual legal entities for your personal and business assets.

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Are your Assets at Risk?

Before starting a business or even as you operate it, it’s important to weigh the pros and cons of every decision carefully. It’s a good idea to consult trained commercial lawyers to understand the potential implications of every important decision.

If you are just starting out, you have probably thought of a suitable name for your business. However, there are some important issues involved in the selection of a business name:

• Before you order business cards and signs etc, it’s necessary to consider legal issues involved. You need to ensure that the name or logo etc has not already been registered; such cases are known as copyright or trademark infringement. Your chosen business name may infringe on another business’s registered trademark and this counts as violation of law.

• If your business involves creative design, media etc, you may wish to protect your intellectual property rights. You need to ensure that your idea, brand or invention is available legally in order to register.

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Silence Is Golden – Tips and Essentials of Confidentiality and Non-Disclosure Agreements

According to experienced commercial lawyers Rowe Bristol Lawyers, with the modern day era of the internet, ever-increasing data size, and light-night fast communication across a broad array of platforms, confidential information can be taken and then distributed widely in the blink of an eye.  Company secrets, so-called “crown jewel” data is a mouse click away from becoming disseminated across the globe.

So, it is important that confidentiality and Non-Disclosure agreements are in place at all appropriate levels in a company.  These agreements should be well drafted, but not so onerous that it is difficult for the average person to evaluate and consider.  One-sided, draconian agreements that grossly misappropriate the power of a business relationship are a thing of the past.

To that end, here are some tips and essential guidelines for drafting confidentiality and non-disclosure agreements in employment contexts.

Employment:  Non-Disclosure agreements with employees.  It’s important to consider several factors when deciding on what type of agreement is appropriate for employees.  First, what type of employee are they?  Front line troops?  Executive level managers?  It’s important to assess what types of information each level of employee has access to and then draft appropriately.  A summer associate does not have access to the type of sensitive information that a Chief Human Resources Office would.  Second, decide what information needs to be protected.  Not all data is created equal.  Next, decide the scenarios most likely for each level of employee to harm the business and then plan for the worst.

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Text Messages in Divorce – Collecting and Using as Evidence

In the virtual world in which we live important information can exist on a variety of electronic devices.  We use smartphones, tablets, PC’s and even smart watches.  According to Lawyers Perth, all of these locations could contain important information and even evidence in a divorce proceeding.

What kind of device you need to search and from which you should retrieve information depends very much on the type of divorce you may be handling.  Collecting evidence from electronic devices can be expensive and time consuming, so the first step is to identify exactly what you want.

Here are some examples of narrowing your search:  if you are trying to prove allegations of certain conduct (e.g. adultery) you might start with emails and text messages.  These can be found on electronic devices but also can easily be accessed on-line.  Text messages are more difficult because they typically exist only on smart devices.  Since 2010 cell phones were required to provide “location information” to assist with emergency services so ou might also consider retrieving the geo-location information from smart devices.  This can help prove the other party was in a certain location at a certain time.  For example, perhaps a wife was at a known location for drug dealing instead of at a child’s soccer game.

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Licensing Agreements – Tips and Tricks

If you were to consult experienced commercial lawyers, they would tell you that it is important in drafting commercial licensing agreements to understand the world you’re dealing with.  Become an expert contract drafter doesn’t mean you’re an expert in your client’s world.  Get to know their industry, technology, and concerns.  Gathering as much information as possible ensure better contracts and agreements.

Fact Gathering

Why gather as many facts as you can before drafting?  The answers are obvious:

  • Gathering information reduces the chance of inadequate drafting, leaving out import clauses and crucial elements of your client’s business. Instead of reducing risk, you may increase risk by  missing information
  • Finding out as much as possible about your client’s needs and business will save time, which in turn will save money and make for a happy client. Also, saving time means beating deadlines and not being pressured to complete a document at the last minute.
  • Understanding what your client needs, by gathering data allows you to pick and write the proper provisions.

So what types of facts should lawyers collect before drafting?  The answers fall into several categories:

  • Transactional Facts: These are data points such as names and addresses, nature of the parties
  • Additional Transactional Fact – “The Deal”: What is being offered, what is required to accept the terms of the contract?  What types of situations does your client want to avoid?  Consideration – what will the parties pay and in what form?  How will payment be exchanged and how will it be measured?  How long will the relationship last and what would cause the end of the relationship?  What is your client most worried about losing?

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DUIs – How To Impeach The Arresting Officer

According to experienced criminal lawyers, Culshaw Miller Criminal Lawyers, the arresting officer’s testimony in any DUI case can be devastating.  It’s important to mitigate their impact to achieve desirable results at trial.  The following tips are easy to set up, inexpensive, and will hopefully achieve their goal of bringing balance to the arresting officer’s testimony.

  • The Walk and Turn Test: A DUI arrest can be the most stressful point in a person’s life.  The impending cost and possible incarceration is enough to make anyone a basket case.  As such, the entire event will tend to evoke extreme anxiety in any defendant and in turn cause their bodies to function abnormally.  This is particularly true with the so-called “Walk and Turn” Test where the motorist must keep his arms at his side and walk heal-to-toe for a certain distance, make a turn, and then walk back to the officer.  The test is not done correctly if the person uses their outstretched arms for balance.  The key is to ask the officer whether “nervousness” is considered when failing a motorist on the Walk and Turn test.  The officer will likely respond that nervousness is not taken into account, the test is the test no matter what the emotional state of the motorist.  Next, ask the officer if he were to suspend a two-by-four between two ten story buildings, and then attempt to walk across it whether he would outstretch his arms for balance.  If he’s honest, he’ll say “yes”.  If not, he’ll say no and the jury will disregard his testimony completely.

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