Family Law

Drug Tests And Why They Can Play A Significant Role In Family Court Proceedings

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Drug Tests And Why They Can Play A Significant Role In Family Court Proceedings

For anyone who has started a drug rehab program, or is about to, it might be too late to convince your ex-spouse or partner that you are a fit and proper parent who should be allowed visitation or even the opportunity to co-parent. The truth is, that it is not up to any parent to decide the legalities or otherwise of whether the other parent should have contact with their children, it is for the family courts to decide

In all circumstances, when the matter of who can or cannot see their children comes before a family court judge, it will be what is in the best interests of the child they will use to determine their decision. This is when your use of drugs, whether it is current or in the past, will likely be brought up in court by the child’s other parent or their family lawyer.

To do so formally, they, or their legal representative, will submit specific documents to the court indicating that they believe the child is at risk with regards to your alleged drug taking. This could include accusations that you leave drugs around your home or that you take drugs in full view of the child.


Commercial Law

9 Tips for Growing Your Business

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When you have a business, commercial lawyers are needed to ensure everything you do is legal and watertight, from setting up your business structure through to leases and contracts. But once your business is up and running, it may be that you decide that more growth is necessary to achieve your business goals. Again, legal help may be necessary to ensure everything is done properly and in a way that helps ensure the business has a solid base.

Most businesses, such as web designers need to achieve a certain amount of growth in order to remain successful, and one of the most important ways to do this is to expand your customer base. Even if you have many customers on your books, there will still be some attrition as people move, their needs change or they may decide to try out the competition. So it’s important to spend at least some time in getting more customers.

Here are some tips to help grow your customer base

  • Understand your customers’ needs so your business can meet them. To do this you can ask for feedback to see if there are any other products or services you could provide them with.


Legal Advice

5 Ways to Avoid Health and Legal Issues with Botox

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5 Ways to Avoid Health and Legal Issues with Botox

If you’ve been reading about a few different Botox legal issues in the media, you might be scared about trying these cosmetic injectables for yourself.

While it’s true that some people have had issues with it before, there are often circumstances leading to problems, such as inexperience, no qualifications, and fake products. If you want to reduce the risk of any health and legal issues with Botox, consider doing the following things.

Go to a Consultation

Going to a consultation for Botox is one of the best ways to know if the person you are getting Botox from is legitimate. The authorised nurse practitioner or medical doctor should explain the entire procedure to you in a consultation before you go ahead with it. This can be face to face or via video conference.

Before this consultation happens, write down any questions you have and ask about risks and complications. The more you know, the more confident you can be.

Look For Registration Information

For someone to legally give Botox injections, they have to be registered. Check out the Australian Health Practitioner Regulation Agency’s website to determine if the person administering it is legally allowed to do so.

Once you’ve identified the registration information you’re looking for, you can ask about their experience levels. Most medical professionals won’t be offended if you ask them how many years they have been performing cosmetic injections.


Commercial Law

Why You Need Commercial Lawyers When in Business

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Whether you are starting up a new digital marketing or running one that is well-established, you will need the assistance of commercial lawyers for a great many things. For one thing, your business must be compliant in all ways with the law for tax and other purposes or you risk heavy fines or even being shut down. And if you don’t heed the law in every business matter you risk compromising your business which can easily mean facing a lawsuit of some kind from employees or clients.

Here is how lawyers can help people in business: –

  • They can make sure your business is set up properly with the right structure and can help you dissolve it when the time comes.
  • Lawyers can prepare contracts to ensure the terms and conditions are suitable for you and your clients and that the due diligence standards are met.
  • They can help settle business disputes and avoid litigation. They can help you though litigation if it occurs.


Employment Law

How to Protect Your Small Business Against an Unfair Dismissal Claim

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No small business wants to have their reputation dragged through the mud due to an unfair dismissal claim against them, whether they have employment lawyers on hand or not. However, for example when you have a small SEO company there are always going to be employees that don’t do the work you expect of them, or that fail to give the value you wanted for your business in some other regard. What can you do?

Rather than risk putting your business at risk of a lawsuit for unfair dismissal, it is wise to protect it in the following ways: –

  • Make sure you understand what unfair dismissal is in a legal sense.
  • Have employment contracts that are fair and just, with all the fine details in them needed to protect your business.


Family Law

Five Benefits of Employing a Family Lawyer When Working Through a Divorce

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Employing a Family Lawyer

Working through a divorce can be a long, complicated, and emotional process, especially if you’re separating from a long-term partner due to a broken-down relationship. Court proceedings are often involved in asset separation and child custody disputes, and these can have major financial implications.

Because of this, we highly recommend hiring a experienced family lawyers to help you work through your divorce. They will be able to advise you on a range of legal matters, helping ensure the best possible outcome for you and your family.

Below are our top five benefits associated with hiring a family lawyer to help you work through your divorce.

  1. You Will Be Able to Take Advantage of the Law

If you work with a reliable, highly-experienced family lawyer, you will be able to harness the law to your benefit. Things like court proceedings and asset separation can be difficult and more than a little complicated, and having a lawyer by your side will help ensure you’re doing the right thing.

On top of this, a good lawyer will be able to help you when you’re preparing your divorce case. Things as simple as keeping basic records can have huge implications if you end up in court, and your lawyer will ensure you’ve got your bases covered.


Employment Law

What is Meant by “Unfair”, “Unlawful” and ‘Wrongful” Dismissal?

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Australian employees receive a high level of protection from employment laws. These include protection against unlawful, wrongful and unfair dismissal. And, although you might not realise it, these are quite different.

Before you make a dismissal case against a former employer, you need to determine what sort of case you need to make. This can be difficult without legal advice, so we’d recommend speaking with an employment lawyer if you need more information. As well as this, we’ve provided a quick outline of the main types of illegal dismissal, with the aim of giving you a solid knowledge base to start with.

What Is Unfair Dismissal?

To start with, let’s look at unfair dismissal. To keep things simple, unfair dismissal refers to the termination of employment without good reason or in an unfair or harsh manner. This could include:

  • Being fired because something unrelated to your job and workplace, including personal issues.
  • Being dismissed unexpectedly without being told why.
  • Having your employment terminated due to performance or workplace issues that you haven’t been given the chance to fix.

As you can imagine, the scope of unfair dismissals is wide, and each case is therefore treated on an individual basis by the Australian Fair Work Commission.


Family Law

What Is Spousal Maintenance and Do I Have to Be Worried About It?

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Spousal Maintenance

In Australia, divorces and serious separations are governed by a comprehensive selection of laws. In general, the courts will strive to deliver a fair deliberation on divorce cases, which can sometimes involve one partner being responsible for the support of the other.

This is called spousal maintenance, and it’s something you absolutely need to understand if you’re working through a separation. In the rest of this article, we’re going to look at everything you need to know about this complicated legal topic.

What Is Spousal Maintenance?

To keep things simple, spousal maintenance is designed to ensure both parties are able to maintain a comfortable living situation following a divorce. It can be paid in a number of forms, including:

  • As a one-off lump sum payment as ordered by the court.
  • As regular weekly or fortnightly payments.
  • As bill or amenity payments covering periodic costs.
  • By providing certain items or things the other party needs to live.

As you can imagine, spousal maintenance cases can become extremely complicated. Because of this, it’s best to talk to a family lawyer, such as Robinson Lawyers, about the subject if you’re unsure about anything or need long-term legal advice.


Business Advice

How Can A Competent Accountant Save You Money?

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Competent Accountant

For a lot of people, tax time is the most stressful time of the year. Although professional accountants can make tax time easier, a lot of people see them as too expensive to use. But are they really?

In reality, accountants will probably end up saving you money, especially if they are good ones. They will be able to draw on their experience to maximise your tax return by maximising your tax deductions and minimising your taxable income. If you used to think that accountants were too expensive to use, then keep reading. Below are just a few of the ways that a decent accountant can help you save money, making sure you don’t pay more tax than you have to:

They will save you time:

It doesn’t matter whether you only use an accountant once per year, to lodge your tax return, or if you use them throughout the year – in both cases, they will save you a lot of time. Most accountants will be able to work faster than you can when it comes to sorting out your finances. Although they may charge a relatively high hourly rate, they will probably save you a lot more hours than they actually take.

This will free you up to spend more time on the day to day running of your business. It will help lower your stress levels, which can make you more productive in your daily life. Using a decent accountant will indirectly save you money by saving you time.


Commercial Law

Protect your Business from Costly Litigation

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Costly Litigation

Ensure that you have a Well-Structured Business Agreement in Place

Proper documentation and can detailed business contracts are extremely helpful when the business runs into trouble or when disputes arise. Seeking legal advice from experienced commercial lawyers right at the beginning of the process paves the way for efficient and methodical dispute resolution. Commercial dispute resolution often involves consideration of multiple factors such as documentation, consideration of rights and responsibilities of all parties and a sound knowledge of the Australian commercial law.

Corporate lawyers are trained to examine various aspects of the problem and offer solutions that are legally valid.

It’s important to understand that everything that the business does by way of transactions should fall within the framework of the terms and conditions contained in the agreement. Poorly worded, vulnerable or legally invalid business agreements can put your business at risk and expose to increased risk of litigation. A detailed and comprehensive business contract helps reduce the likelihood of risks and liability and also provides for improved evaluation of the facts. In the absence of a business agreement, the facts are open to misinterpretation thus leading to subsequent confusion, delay and prolonged stress.


Criminal Law

Anxious about a Traffic Infringement Notice?

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Traffic Infringement Notice

Competent Experts can help you Dispute the Fine or Explore legal Alternatives

An infringement notice is sent to the offender through post, email or by means of a ticket issued to the individual. Seeking the advice of experienced criminal lawyers can help you dispute the fine or penalty imposed by the court. An infringement notice will usually be sent to the person under whose name the vehicle is registered. In case the vehicle is under joint ownership, the notice will be sent to the person listed first on the registration form. Infringement notices are usually issued for traffic offences that include illegal parking, speeding or toll evasion.

An infringement notice will typically contain a number of details including date and time of the offence, location of the offence, the legal speed limit as well as the detected speed limit of your vehicle (in case of speeding violations) and the number of licence demerits expected to be added to your driving history.

Read on for some important facts about traffic infringement notices issued under Australian law:

  • The recipient should take appropriate action regarding the infringement notice within a period of 28 days.
  • You may choose to pay the fine in full. In this case, the demerits related to the offence will be appended to your driver’s licence history.


Commercial Law

What Happens if Your Company is Insolvent?

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Insolvency in a business can happen for many reasons – a downturn in the economy, poor management or fraud being just some of them. Some of the signs that financial difficulties are lurking in your business are poor cash flow, ongoing losses and creditors still being unpaid outside of normal trading terms.  If you even suspect your business is losing ground financially it is imperative to act quickly in order to save it, and first call of action should be to find some legal advice and a lawyer.

To do this, Lawyers Perth advise that the first thing that should be done is to consult with competent commercial lawyers to make sure your company is indeed, heading towards financial disaster. It is wise to take business advice from business experts and implement it as quickly as possible in order to save your business. This advice could be anything from cost cutting measures through to restructuring the business, all depending on the state of the finances and type of business structure already in place.

But what happens if this is not enough and your business becomes insolvent?

  • Do not allow the company to incur any more debt.
  • Do not continue to trade.
  • Check out your options for restructuring, refinancing or getting more equity.
  • If these are not advisable, you will need to appoint an administrator or liquidator.

An administrator will work in the company to see if it can be saved in any way. If it can, well and good. If it cannot be saved, an administrator’s job is to see that the creditors get a better deal that they would if the company went straight into liquidation.


Social Justice

How Housebound People can Access Financial Planning Expertise

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There are many people who are housebound for some reason. They may be physically disabled or care for a person who is, or they may have little children and no support, so they just can’t go out to attend a meeting with a financial planner. So how can these people access a financial advisor such as andep to get the kind of financial planning they need?

They can access the help they need in several ways. If they have a computer and internet connection they can go online to find the person they need. They can research the websites they find and then they’ll know if the person provides the following: –

  • Forms to fill in to help the planner know what their goals and needs are.
  • An offer to work with them via telephone or
  • The ability to do video calls
  • They can also contact each other by email or snail mail, although the latter is rather too slow for exchanging important information.
  • They may find a financial advisor who is willing to make a house call. They could do this just once, then use the above means of keeping in contact once the initial meeting is done.

This is ideal for someone who is physically disabled but has nothing wrong with them mentally. They are likely to be in need of financial planning help, since they have health needs that are more costly than most other people’s. Once they have good advice from a financial planner they will be more able to take control of their finances. This will give them a feeling of self worth, something that many disabled people lack. (more…)

Employment Law

How to Handle Unfair Dismissal

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How to Handle Unfair Dismissal

If you have recently lost your job and don’t know why, or think that you’ve been dismissed unfairly, there are things you can do about it. You may want to consult employment lawyers who will be able to tell you if you have any hope of getting your job back or of being compensated for wrongful dismissal.

What is unfair dismissal

It is important to understand exactly what unfair dismissal is. The definition may be different depending on what Australian state you are in. In Western Australia unfair dismissal is said to occur when an employee’s dismissal is oppressive, harsh or unfair. An example of this would be when there was no cause for the dismissal, or if the reason for the dismissal was not sufficient to have that result.

It could be that the employee was alleged to have performed poorly, accused of some misconduct, or that dismissal was inappropriate to the offence. Or it could be that the employee was given no chance to explain their alleged action or to prove it was false.

Who can make a claim for unfair dismissal?

In Western Australia, you have to make a legal claim through Western Australian Industrial Relations Commission (WAIRC). The person who can make a claim must:

  • Have been employed under the state system
  • Have earned less than $155,800 per year if not employed under an award
  • Have been dismissed or forced to resign

What happens then?

Legal advisors will advise you to make a claim within 28 days if possible. It costs $50 to lodge a complaint and you will have to provide certain documents. The WAIRC will look into the claim and if they are satisfied you have a case, will set a date for a conciliation conference. This potentially avoids going to court, a lengthy and costly procedure.

The meetings are usually held in Perth or at certain regional centres and each person has to meet their own costs to get there. Notification of dates and times will be given via snail mail, or in the case of urgency, by telephone or email.


Employment Law

How to Keep on Top of Employment Issues

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Keep on Top of Employment Issues

Once, employees had no recourse for anything that happened to them in their workplace, whether it was an accident or some kind of unfair treatment from their employers. These days things are different. If something goes wrong that seems impossible to fix, you can quickly consult with employment lawyers and find out what your rights are and what the best way is to go about rectifying your situation.

Simply knowing what your rights are goes a long way towards ensuring you are treated properly, paid the right wage and are given safe and comfortable working conditions. While many Australian employees do know a lot about their rights, some do not for various reasons. Even lack of experience can lead them to suffering injustice unnecessarily.

Then there are people from other countries who work here and may not know what they are entitled to as employees. They don’t fully understand the language, so even if they have an internet connection and know how to do research, reading it does not always explain the answer to their problem in a way they can understand.

This enables unscrupulous employees to make things more to their own advantage and be unfair to their employees, even to the extent of going outside the law in some cases. In other cases it may simply be a matter of carelessness or miscommunication that has caused the problem.