Author: Legal Crossroad

How To Avoid Breaching Unfair Contract Terms Legislation

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If you own or manage a business that uses commercial contracts as part of its operations, then we hope that before implementing those contracts, you sought the advice of commercial lawyers.

If you did not, then there is the possibility that because the contracts were not checked by a legal expert that they could include unfair terms.

Unfair contract terms are those terms and clauses within a contract that could be deemed to be unfair at best, potentially void, and almost undoubtedly unenforceable if you were to refer to or rely on them should any legal dispute arise between your business and a customer or client.

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Is Teeth Whitening Safe? Legal Regulations in Australia and Everything You Need to Know

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First off, Yes. Teeth whitening is safe. But, several factors affect its legality in Australia.

People strive to attain a pearly white smile. Whether for aesthetic purposes or to get rid of unsightly stains, teeth whitening has grown popular. After this procedure, you’ll undoubtedly gain the confidence to flash anyone a smile—a beautiful one at that.

Since the uptick in demand for teeth whitening, the legal and safety concerns have risen significantly. Users are skeptical about approaching a beautician or a dentist to get this treatment. Does that pearly white smile come at a harmful cost? What’s the legality of cosmetic dentistry in Australia?

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How The Criminal Justice System Deals With Those Caught Using Ice

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Those addicted to drugs who are in drug rehabs are each there due to their addiction to a whole range of different drugs. They include heroin, cocaine and crystal methamphetamine, which is otherwise known as “ice”. Whilst several methamphetamine drugs are taken by drug users, ice is the one that is the most potent.

There is often some confusion when referring to the names of methamphetamine because they often all get brought together as one, and the assumption is they are all the same drug, but they are not. Ice is just one version. Another is the base drug commonly called meth. This is brown and taken by injecting or swallowing it. Another version is speed, which is usually a white powder and is either injected, swallowed or snorted.

As for ice, which is the subject of this article, it gets its name from its appearance, which is crystalline and translucent, often with jagged shards. Other names for ice include glass, Tina, and crystal meth. It is taken either by injection or it can be smoked using a glass pipe.

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Why And How Family Reports Are Produced

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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?

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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 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

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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 experts 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.

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

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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.

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Successfully Arguing A Traffic Fine

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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 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?

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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 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?

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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.

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Are your Assets at Risk?

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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

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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.

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Text Messages in Divorce – Collecting and Using as Evidence

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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.

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Licensing Agreements – Tips and Tricks

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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.

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DUIs – How To Impeach The Arresting Officer

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According to experienced 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 and inexpensive and will hopefully achieve their goal of bringing balance to the arresting officer’s testimony.

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