Legal Advice – Page 2

Making the Right Decisions after Divorce

Seeking Early Legal Advice can help you Plan for Long Term

Long and nasty divorce proceedings are unfortunately the norm rather than the exception. Trained family lawyers are aware that while most divorces are stressful and long-drawn, there are others that are amicable and friendly. The couple’s overall approach to their relationship determines how the divorce will move forward. It’s a good to be aware that a positive approach and a problem-solving attitude goes a long way in reducing steep court costs and saving valuable time. The sooner the partners arrive at mutually beneficial agreements, the sooner they can move on with their lives.

Every marriage breakdown is different depending on the personalities of the people involved and the assets at stake. If you find that your emotions are driving your decision-making abilities, it’s best to hire lawyers who can look out for your best interests. Your lawyer will examine all the attendant circumstances including minor children for child support issues, assets, properties, agreements, monies and investments and so on and advise on your best options. Taking every troublesome issue to court will only end up prolonging the legal battle and costing you hard-earned dollars. By having a trustworthy lawyer by your side, you can exercise greater control over your future especially with regard to your home, how your children will be raised and how your property divided etc. Once these matters are settled by court, the decision handed down may not be to your satisfaction.

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Are your Rights as a Shareholder Being Violated?

Seeking Legal Advice can help you get what you Lawfully deserve

Business and partnership disputes, shareholder disagreement and insolvency can be stressful and expensive to resolve in court. There are usually several factors involved and proper solutions must be worked within the framework of Australian commercial law. By hiring trained commercial lawyers such as Rowe Bristol you can minimise the likelihood of taking the matter to court and wasting valuable time and money. Court battles often involve steep costs, stress and worry. Seeking legal advice out of court can help reduce strife and conflict within the company. Carefully drafted shareholder agreements and business contracts can pave the way for faster resolution and provide avenues for discussion and communication.

Shareholder and business disputes can arise due to multiple reasons and it’s important to understand the rights and duties of all parties involved. This helps obtain greater clarity regarding options available as well as the consequences that may arise if the situation is left unresolved. If the company is closely held among partners and they are involved in the day-to-day running of the company, there could be potential for further disagreements. The partners may fall out because they disagree about operational decisions or because they resent interference from each other. Regardless of the reason, internal disputes are likely to worsen without legal guidance from experts. Commercial lawyers are trained to examine contracts and agreements and provide insights regarding options, terms and conditions.

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General Overview of Australian Laws on Wills and Estates

Under Australian law, it is possible to discern several legal documents and proceedings that directly pertain to cases of distribution of an individual’s assets in cases of the person’s death. They include wills, powers of attorney, estate plans, testamentary trusts, superannuation death nominations, powers of guardianship, anticipatory direction, legal and financial housekeeping, etc. Thus, an estate plan may be defined under Australian law as a will or any other directions on how an individual desires to have his or her assets allocated after his or her death. An estate plan also involves legal documents that regulate how the person will be treated, both financially and medically, in case of his inability to make his own decisions in the future.

In a nutshell, an estate plan encircles all possible estate related documents and legal acts, such as a will, superannuation death nomination, testamentary trust, powers of attorney, powers of guardianship, and anticipatory direction. If an individual have made a binding nomination in his super or insurance policies, the beneficiaries named in those policies will override anyone specified in the will. If a person has a family trust, the trust will go on and its assets will also be distributed in accordance with the trust deed, irrespective of what has been written in the will.

Wills constitute another major group of estate related documents. A will takes legal effect only in case of a will maker’s death. A will can regulate different issues, such as a manner whereby an individual’s assets will be shared, who will care for the children if they are still young, what trusts will be established, how much money will be donated to charities, as well as instructions regarding a will maker’s funeral. Under Australia’s law, a will may be drafted and amended by solicitors or private trustees, who usually charge a fee. Certain public trustees will not charge a fee to compose and amend a will, but only if they act as the executor of the person’s will. Other public trustees may exempt an individual of a fee for the preparation or amendment of the will if the person a pensioner or aged over sixty.

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Irretrievable Breaking Down of a Marriage

The principle of irretrievable breaking down of a marriage as the only ground for divorce in Australia

Legal experts suggest that the laws that regulate marriage breakdown are subject to constant and substantial changes. Thus, the Family Law Act 1975 came into effect in January 1976, as a result of a protracted debate.[1] The Act repealed the Matrimonial Causes Act 1961, which had rested on fault as the ground for divorce.[2] The court used to consider the spouses as either guilty or innocent of matrimonial misconduct, such as cruelty, adultery and desertion (abandonment). It was incumbent on the applicants to prove that the other party had committed a matrimonial offence in order to succeed in the proceedings. Failure to prove the case would usually result in a court’s refusal to grant the divorce.

In the framework of the old system, the allocation of fault concerned such legal issues as property, spousal maintenance and child custody, while a ‘guilty’ spouse could be punished by being denied contact with his or her children, or losing an entitlement to be financially supported by the other spouse. When the new Family Law Act came into effect in 1975, the number of divorces significantly increased. This is largely because the new legislation enabled a much easier no fault proceeding of divorce. However, the rapid increase in divorce numbers ignited vivid debates on whether the introduction of no fault divorce had degraded the institution of marriage by way of fostering marriage breakdown.

Legislative tenets of no fault divorce in Australia

As a matter of Australian law, marriage and divorce are both subject to federal regulation. Thus, the Australian Constitution clearly prescribes that the federal law governs all matrimonial causes of action, such as marriage and divorce, as well as all cases involving parental rights and the custody and guardianship of infants. To that end, the key legislation regulating marriage and divorce in Australia include the Family Law Act and Marriage Act.[3] The salient features of the Family Law Act 1975 as the legal framework for no fault divorce are the following. First and foremost, the Act defined irretrievable breakdown of marriage as the sole and only ground for divorce and thus adopted the no fault doctrine of dissolution of marriage in Australia. Second, the Act established the Family Court of Australia to handle disputes between married individuals, as well as between the parents of dependent children. Third, the Act constitutes the only legal framework for settling disputes involving financial issues and children. Fourth, the Act sets forth legal safeguards that protect family members in cases of domestic violence.

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How to Keep Out of Trouble with Marketing

If you are a new business owner, whether by simple website or something more complex, you are sure to need some kind of marketing and advertising. However, commercial lawyers will advise you to take care with the wording so that you don’t become liable to litigation.

The problem may not even be your own, but those who pass training or information of any kind on as part of their work for you. Unless there are regular updates to the material and training to keep them up to date on any changes, they may not get it right, but you’ll be the one responsible.

In addition, if you use materials – including music – in your marketing or advertising, or if you compare your product or service to others that are better known, you risk being in breach of copyright. That is why it’s a good idea to look through a directory with the best commercial lawyers, before going ahead with any marketing information including brochures, website copy, YouTube clips, Facebook advertising, direct mail campaigns and even call centre scripts and product disclosure statements.

The three main things to watch out for are:

Copyright infringement
Defamation
Misleading or deceptive conduct (advertising)

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What You Need To Know About Buying Strata Title Property

Not that long ago, the favourite type of property to purchase was the stand-alone home on a block of ground. These days, several factors have combined to make buying an apartment more popular. But property lawyers agree that most apartments in a complex have Strata Title, which is quite different from the titles of homes on blocks of ground. You need to know what these differences mean for you before going ahead with the purchase.

You will own your apartment, but in the complex there are many areas such as stairways, laundry rooms or social meeting rooms that are deemed to be ‘common property’. The upkeep and maintenance for these areas must be paid for by everyone who owns an apartment in the complex. So you’ll be in for an annual levy to make this possible. If the building has been poorly maintained it is likely to be a high levy due to the amount of maintenance needed. There may also be a second levy for what is known as a ‘sinking fund’ which addresses long term expenditure. You need to inquire about the balance of this fund to get some idea of what you are likely to have to pay, and if it’s enough to do the repairs that are needed.

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The Advantages of a Restraining Order

In cases where there is abuse in a relationship and it falls apart, a restraining order may be necessary. A good family lawyer will advise you how to take out a restraining order against an abusive ex and what the advantages of it are. They can give you specific advice for your situation that will explain all the legal ramifications of any decisions you make.

A restraining order can be taken out if there is –

Domestic violence
Sexual assault
Stalking
Harassment

A couple don’t have to be married or in a de facto relationship for a restraining order to be taken out. The relationship may have ended, or it could be taken out against a parent on a child’s behalf.

Taking out a restraining order has several advantages: –

It orders the abuser to stay away from your home, workplace or school.
It can prohibit them from contacting you by email, phone, fax, notes or snail mail.
In some cases it can prevent them from going to the same social places as you.
If the person ignores the restraining order and you call the police, they will know to respond quickly because they realise the situation is more serious.

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4 Different Land Titles

If you are purchasing land, it’s important to know what the title is, because this can effect what you can do with it. It’s important to consult with property lawyers to ensure any problems to land use can be determined and explained in a way you can understand. Simply knowing the title may not be much use; you have to also know what it means to you and your property specifically in order to avoid any problems.

Here is a list of the different land titles in Western Australia and what they mean: –

Green title: This title usually indicates that the property has no areas on it that have to be shared. This is what most land sold for residential purposes is in WA. If it is a property with a free standing home, it is most often a green title. However, this is not always the case and you should look into the matter before signing on the dotted line, because occasionally green title does come with restrictions. One example could be a sewer line that runs through your property that could prevent you from adding an extension to the house or even installing a pool.

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Traffic Offence Penalties and Defence

If you have been charged with a traffic offence, what will happen? Much depends on how serious the charge is. A good criminal lawyer will tell you that minimum penalties for various offences have been pre-set and the court must apply these at the very least. They can also give a higher penalty if they think it is deserved, but not one that is lower than the minimum.

If your traffic offence is a serious one the best thing to do is contact a criminal lawyer and ask his or her advice. If you are not sure how serious it is you can find out by going online to a traffic authority website, but it is better to consult a lawyer because there could be extenuating circumstances that may reduce the penalty in your case. Each case is different and will be judged accordingly.

You can be sure that your offence is serious if you were breaking a traffic law and someone died or was seriously injured as a result. However, there are other serious offences too, which is why a lawyer is needed. A lawyer will know the likely outcome of your offence and will be able to gather evidence you need to help your case in court. They will also represent you in court if you wish.

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How Property Law can Save You Money

There is a great deal to know about property law and what makes it more difficult is that it changes in some way for each state. So if, for instance, you decide to buy a home without consulting a commercial lawyer, you could well do your research from a website that is not in your state unless you are very careful.

Buying and selling real estate is a legal process. There are contracts that need to be drawn up and the wording of them is extremely important, especially in cases that are not cut and dried. While some people feel that all they need is a conveyancer to help them finish the process, it is possible that they are leaving themselves open to fraud, or to loss of some kind that they didn’t expect. And there are many ways by which you can lose money.

For instance, a person purchases a block of ground in a country town, with the intention of building a home on it. They connect the power and water to a shed they built first, then find out that the council won’t allow a septic system in the house because the block is too small. The only toilet they can have is an enviro-toilet, but they don’t like that kind – and neither do any of the other buyers who come to inspect the block.

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